Directors personally and financially liable

By: | January 8, 2019 |



Happy New Year to you, I hope you had a good Christmas and enjoyed the festivities!


We’re only a week or two into the new year but already there are things to consider in terms of your business plan for 2019. One thing to consider is always the lawful and secure manner in which data are processed. Whilst 2018 was a big year for data protection, and it only looks like it is going to get even bigger and much more painful for those organisations that don’t meet their obligations and late December was the start of this.


Whilst most of us were preparing for the festivities and no doubt eating and drinking too much the Government whilst not dealing with Brexit very effectively did deal with a data protection related issue. For many years the ICO had been complaining (and rightly so) that they didn’t have sufficient powers to deal with organisations who from a direct marketing perspective had no regard for the PECR (Privacy and Electronic Communications Regulation, it the law that governs electronic communications and electronic marketing)


There had been several instances in the past where organisations were issued with fines under PECR and when issued with a fine, dissolved the company, only to set up again. On December 17th 2018, a new power was introduced to providing the ability to fine directors personally up to £500k for their actions or in-actions in regard to PECR.


When you couple this with the actions of the Government mid-December when Parliament’s Man at Arms confiscated Facebook documents with the threat of imprisonment for failure to comply, it shows real intent that disregard for personal data will not be tolerated any longer!


As you look forward to the rest of the year, have you got your house in order or are you comfortable professionally and personally with the risks, if you think you could be doing more or simply don’t know if what you have done is accurate or enough get in touch, even those that I’m coming across that think they got it right, haven’t. I’m sure you wouldn’t want to be caught out.


Looks like 2019 has opened with a bang and is likely to continue in the same way.


Here’s to a prosperous 2019 for you all.