Understanding the Obligations of Data Controllers
The UK General Data Protection Regulation (UK GDPR) sets out strict obligations for data controllers—organisations or individuals that determine the purposes and means of processing personal data. Non-compliance can result in hefty fines, legal action, and reputational damage.
In this article, we outline the key obligations of data controllers and offer practical guidance on how to stay compliant.
Who is a Data Controller?
A data controller is any individual, company, or organisation that decides how and why personal data is processed.
If your business collects, stores, or manages personal data of UK individuals, you are likely a data controller and must comply with UK GDPR requirements.
Key Responsibilities of Data Controllers
1. Lawful, Fair, and Transparent Processing
Data controllers must ensure that personal data is processed lawfully, fairly, and transparently.
This means:
Identifying a lawful basis for processing (e.g., consent, contract, legal obligation).
Clearly informing individuals about data collection and processing via privacy notices.
Ensuring that data subjects understand their rights.
2. Purpose Limitation
Personal data must only be collected for specified, explicit, and legitimate purposes.
Controllers cannot process data in ways other than the original purposes for which the data was collected, except under specific legal circumstances.
3. Data Minimisation
Organisations must only collect and process the minimum amount of data necessary to achieve their stated purpose. Excessive or unnecessary data collection violates UK GDPR principles.
4. Accuracy and Data Integrity
Data controllers must take reasonable steps to keep personal data accurate and up to date. Inaccurate or outdated data should be rectified or deleted without delay.
5. Storage Limitation
Personal data should not be kept longer than necessary. Controllers must establish retention policies and securely delete or anonymise data when it is no longer required.
6. Security and Confidentiality
Protecting personal data from breaches, loss, or unauthorised access is a core responsibility. This involves:
Implementing appropriate technical and organisational security measures.
Conducting regular security risk assessments.
Training staff on data protection best practices.
7. Upholding Data Subjects’ Rights
Data controllers must respect the rights of individuals under UK GDPR, including:
The right to access their personal data.
The right to rectification or erasure.
The right to object to processing.
The right to data portability.
The right to restrict processing.
8. Data Protection by Design and Default
Controllers must integrate data protection principles into all systems and processes. This includes:
Conducting Data Protection Impact Assessments (DPIAs) for high-risk processing.
Implementing privacy-friendly default settings in technology and software.
9. Appointing a Data Protection Officer (DPO) (Where Required)
Certain organisations must appoint a Data Protection Officer (DPO), especially those handling large-scale or sensitive personal data processing. A DPO helps ensure compliance with UK GDPR.
10. Reporting Data Breaches
Data controllers must report personal data breaches to the Information Commissioner’s Office (ICO) within 72 hours if there is a risk to individuals’ rights and freedoms. Affected individuals must also be informed in serious cases.
Consequences of Non-Compliance
Failing to meet these obligations can lead to severe penalties, including:
Fines of up to £17.5 million or 4% of annual global turnover.
Legal claims from affected individuals.
Damage to reputation and loss of customer trust.
How Hemisphere Consultants Can Help
Ensuring UK GDPR compliance requires ongoing effort. At Hemisphere Consultants, we provide expert guidance to help organisations meet their legal obligations, minimise risks, and build trust with customers and suppiers. Contact us today for tailored compliance solutions.