anyone know about data protection

[Shelley]

Hi all have just posted this on another forum, but no response as of yet.
Does anyone know anything about data protection. We have just gone computerised in my salon and obviously keep client records. Am i allowed to do this.
thanks

[creospace]

Yes you are, now somewhere I have a notice that you can put up in the saloon that complies with the data protection act and then if your customers choose to read it or not it's up to them.

Gary

[creative-keyrings]

Hi Shelley,

this should help you out.

http://www.informationcommissioner.gov.uk/cms/DocumentUploads/Small%20BUSINESSES%20V1.2.pdf

[bell]

I registered when I had a recruitment agency and it was a fairly easy process. Try this link
http://www.dca.gov.uk/ccpd/faqdp.htm#2c
if you do register it should cost about 35 pounds a year, make sure you register through the proper channels and dont pay an agency a huge fee for doing the job for you.

[Urban Space]

It's the data protection act of 1988 isn't it? It's best to ask handsongroup about this, he knows about the law!

Liam

[bwglaw]

Creospace, correct on the assumption that Shelley has registered with the Information Commissioners, if not then she cannot state that she complies with the Data Protection Act.

It is about £35/year to register so it is worth registering to avoid complications. If the salon is in your own name as a sole-trader then you need to be registered. If it is a Ltd Company then the company needs to be registered.

It would be good practice to put a short simple notice by the cashier that you are registered and process any data in accordance with the Data Protection Act, you will also need comply with other legislation if you have not done so already.

[creospace]

sorry yes I had assumed that already as my experience was working for an IT training company who already had registered.

[bwglaw]

It's the data protection act of 1988 isn't it? It's best to ask handsongroup about this, he knows about the law!
Liam

Not far off Liam.

Its the Data Protection Act 1984 now amended by the Data Protection Act 1998. In the simple notice I was referring to, just state you process personal data in accordance with data protection legislation.

[Urban Space]

What's four years between friends? :lol:!

I love the way you come out with all this legal talk! I want to get into law now :D!

See how influential you lot are on me?! :lol:!

Liam

[bwglaw]

4 years...3 actually because the 1984 Act came into force in 1985!...

Go and study law... its fun if you like facts! I started by studying Law and Criminology at College then onto University etc...

I will be moving to Derby when I get back...so not far from you!

[confused]

Sorry to but in, but does someone say, erm myself, that uses Kashflow or other system to store names and addresses need to register with the above mentioned authority due to the fact I am keeping peoples names, addresses etc? I work from a shop so I can maybe get hold of something to put up on a poster(hopefully wont cost me anything), but what about when I do onsite visits?

Thanks

[DuaneJackson]

Sorry to but in, but does someone say, erm myself, that uses Kashflow or other system to store names and addresses need to register with the above mentioned authority due to the fact I am keeping peoples names, addresses etc?

I'd be interested to hear the answer to this one too. For clarification, KashFlow itself is registered and regulated under the DPA.

[bwglaw]

The best way of bringing notice to your clients/customers/suppliers etc is by putting a clear clause in your terms and conditions of business. There may be other ways of bringing it to the attention of the same and this depends on hwta business you are in and what is required of that profession/industry.

From 'confused' post I am not sure what you do. The Kashflow software owners would be registered also if they have access to a database holding personal data. This would need to be brought to the attention of the software users in the licence, which is often the case.

[confused]

Hi,

I do pc repairs for home users and small businesses, both through a shop and onsite visits.
Not sure about the license for Kashflow - didnt read it, thats if there was one to read !
If Kashflow is registered, do I as a user of Kashflow need to do anything?

Thanks

CALV

[DuaneJackson]

Hi,
Not sure about the license for Kashflow - didnt read it, thats if there was one to read !

Typical web user! (myself included) You ticked the box to say you have read the T&Cs and agree to be bound by them when you registered. Didn't you read caluse 10.3 which says you must give 20% of your turnover to the owners of KashFlow on penalty of death? :p

I have actually put a clause to that effect on a hobby-type site I run. I might start calling in the money now, hundreds of people have agreed to it in the sign up process.

[bwglaw]

As a user of Kashflow - you do not need to do anything. However, as a business generally, you may need to consider registering if you 'process data'.

I think I advised you on your terms/conditions of business (?) you can include a clause in those terms/conditions and this will cover you as a business generally, whether on or off site.

Due to the nature of your work it is wise that you have a good set of terms/conditions of business especially when you are working on other people's computers.

You will also need public liability insurance and quite possibly professional indemnity insurance (if it will cover PC repairs as an IT consultant/technician). If you are a member of a trade organisation for IT consultants/technicians it is worth contacting them as they may have their own insurance for their members.

[Mortime Business Software]

I have actually put a clause to that effect on a hobby-type site I run. I might start calling in the money now, hundreds of people have agreed to it in the sign up process.

Ho ho! Nice one Duane. That tickled me did that! I'm also guilty of clicking those 'agree' options without reading a word of the agreement. Maybe I owe you a few quid from somewhere. :D

Dave

[confused]

Didn't you read caluse 10.3 which says you must give 20% of your turnover to the owners of KashFlow on penalty of death? :p
lucky I'm still on the trial then, oh well, I'd better give the nice young lady at Sage sales a ring ;)

[bwglaw]

Hi,
Not sure about the license for Kashflow - didnt read it, thats if there was one to read !

Typical web user! (myself included) You ticked the box to say you have read the T&Cs and agree to be bound by them when you registered. Didn't you read caluse 10.3 which says you must give 20% of your turnover to the owners of KashFlow on penalty of death? :p

I have actually put a clause to that effect on a hobby-type site I run. I might start calling in the money now, hundreds of people have agreed to it in the sign up process.

The clause you refer would be deemed unfair and thus not enforceable... don't buy the Porsche just yet! :P

[confused]

Yes, you did advise me on T & C's, still high on my list. I have public liability, I dont have professional indemnity insurance, I'm not too sure what that is, I'll have to look it up. My public liability doesnt cover software, that is to say if I went to someones home or business and deleted all their files by accident, or installed a piece of software that caused problems then the insurance wouldnt have anything to do with that, if it cost the company due to downtime, I'd be responsible for that, does professional indemnity insurance cover such things? I assume from the name it covers things like misgiven advice etc.

[bwglaw]

I am not sure if 'Professional Indemnity Insurance' will cover your profession which is why I suggested becoming a member of a trade association that have IT people as members.

I would need to do some research as to whether your kind of work would be covered. I do not think Professional Indemnity is tied to wrongful advice, but professional negligence generally.

I will have a look shortly if no-one has sourced it..

[confused]

Thanks, I my insurance broker was a bit clueless to be honest.

[bwglaw]

Calv

I have sourced a useful link:

http://www.hiscox.co.uk/ViewCMSPage.aspx?pageID=039175ac-9cae-48c7-ab48-411d0976a362

We use them for the Group and we have Public Liability, Professional Indemnity and Office Insurance for about £30/month. It is worth talking to them as you can see from the link their premiums go beyond the average Professional Indemnity premium.

I find going to the insurance company direct is better than using a Broker who do 2 years training and suddenly become qualified. They could be commissioned to sell you a particular product and they are not entirely independent because they will have preference for a particular underwriter who pays a larger commission, so the premium may not be what you need.

Previously, without Professional Indemnity, I was paying £60/month!

Hope the above gives you a good head start

[Shelley]

have just got back in, sorry just catching up on all. I havent done anything for this. So i better start at the top and take action.
thanks everyone for your response

[silverpuresilver]

Following from the other post Shelley had going - re: agency fees.

We recently received a letter from a company based 'up north' advising us that we needed to register with the data commisioner. They enclosed the relevant form and a clause stating that the fee was £135, which included the commisioners charges, and a fee for dealing with the issue for you.

I checked the official website, and was amazed to find that these cowboys were charging £100 for the priviledge of passing your form on. :shock:

What a fantastically easy way to make money . . . . . Just don't fall for it!

Karen

[confused]

Thanks very much indeed, I'll call them tomorrow, I still have time to cancel my insurance if I need to.

Thanks

CALV

[bwglaw]

Do check whether you meet the definition of 'IT consultant' as opposed to IT technician...

[Shelley]

who ever said being your own boss is easy. All these rules and regs and they all cost money some way or another. We def live in a rip off world.

[confused]

I will, Jonathan, thanks, more than likely I come under both.