GDPR: just over two months to achieve compliance

The General Data Protection Regulation (GDPR) comes into force on 25 May 2018. In previous briefing notes, we have looked at what pension scheme trustees will need to do to comply with GDPR. In our latest update, we look at some recent GDPR developments and at some particular issues that may be causing problems in practice.

Data Protection Bill

The GDPR will apply automatically in all EU member states (including the UK) from 25 May 2018. Alongside the GDPR, the UK Government introduced a Data Protection Bill to Parliament in September 2017, which (amongst other things) sets out proposed UK derogations (exceptions) from the GDPR. Whilst it is hoped that the Bill will receive Royal Assent by 25 May, this is not necessary for the GDPR itself to come into force.

The Bill, as originally laid before Parliament, included an apparent exemption for occupational pension schemes from the requirement to obtain consent when dealing with sensitive personal data (data relating to race, political opinions, religious beliefs, health, trade union membership, sex life, sexual orientation etc). In a pension scheme
context, sensitive personal data could arise in connection with applications for ill-health pensions or ‘expression of wish’ forms which could indicate someone’s political beliefs or sexual orientation.

It had been hoped that this derogation would exempt occupational pension schemes from the need to obtain explicit consent for processing sensitive personal data in a wide range of circumstances (although the original drafting was not clear). However, it now appears from a Government amendment introduced at the Commons Committee stage that the intention was only ever to replicate an exemption in existing legislation where health data is being collected on a data subject who is a family member of a member of the scheme. In practice, pension schemes do not routinely collect data on the health of family members so this exemption is of very limited effect. It therefore now seems likely that pension schemes will need to obtain explicit consent when processing sensitive personal data.

Click to view all articles for the EPIC:
Or click to view the full company profile:
    Facebook
    Twitter
    LinkedIn
    Xafinity Plc

    More articles like this

    Xafinity Plc

    PPF Clarifies Expectations for CVA Proposals

    The Pension Protection Fund (PPF) has published new guidance on Company Voluntary Arrangements (CVA) with the aim of explaining the approach that employers and their advisors should take when presenting a CVA to the PPF.  A CVA is

    Xafinity Plc

    Transfer values rise during May

    Pension transfer values as measured by the XPS Pensions Group (formally Xafinity) Transfer Value Index fluctuated during May 2018, with an overall rise during the month.  The index was £232,000 at the end of April and

    Xafinity Plc

    Great pricing opportunities for Buy-in/Buy-out

    In recent years there has been a marked increase in bulk annuity transactions: buy-in and buy-out transactions between 2014 and 2017 totalled just under £50 billion and 2018 could be a record-breaking year. This briefing note

    Xafinity Plc

    Xafinity PLC Trading Statement

    Xafinity plc (LON:XAF), the pensions actuarial, investment consulting and administration business, today issued a trading update following the Group’s financial year end on 31 March 2018. Following the announcement of Interim Results on 7 December 2017, the Group

    Xafinity Plc

    A simple way to solve the CMA’s IC-FM conundrum

    Xafinity Punter Southall, the largest pensions consultancy in the UK specialising solely in pensions, investment and administration services believe that the only way to solve the issues identified in the Competition and Markets Authority (CMA) review

    Xafinity Plc

    Does DDA mean extra options for SHPS employers?

    From 6 April 2018 new Deferred Debt Arrangement (DDA) regulations could allow non-associated employers in a multi-employer scheme to defer paying a section 75 debt that would otherwise arise when an employer ceases to employ any active members in the

    Xafinity Plc

    Transfer values rise over March

    Pension transfer values as measured by the Xafinity Transfer Value Index rose during March 2018.  The index was £232,000 at the end of February and £235,000 at the end of March.  Over the first quarter of 2018, transfer values initially

    Xafinity Plc

    Employee Benefits Consultant Nomination for Xafinity

    London | 02 May 2018 Pensions Expert is proud to present the 19th annual Pension and Investment Provider Awards. The PIPAs recognise excellence among providers of products and services to UK workplace pension schemes. The three key criteria

    Xafinity Plc

    UK Pensions Awards 2018 – Shortlists published

    Here they are. The finalist lists for the UK Pensions Awards 2018. The 21st annual UK Pensions Awards have been rigorously judged by a panel of 35 senior scheme managers, trustees and advisers. To see the full

    Xafinity Plc

    Are you ready for the auto-enrolment changes in effect from 6 April?

    Xafinity Punter Southall, the largest pure pensions consultancy in the UK specialising in pensions actuarial, investment consulting and administration services, are asking if pension schemes are prepared for the forthcoming changes to automatic enrolment requirements. Minimum

    Xafinity Plc

    Xafinity PLC: DCSpotlight

    On 6 April 2018 automatic enrolment requirements are changing. You need to take action, communicate any changes to employees and ensure your scheme is still fit for purpose. Failure to do so could result in fines and negative publicity. Are you ready? Auto enrolment is