With GDPR deadline fast approaching, here we speak to Landlord Advice Team Manager Rupinder Aujla about the common questions that landlords are calling to ask.
What does GDPR stand for?
GDPR stands for General Data Protection Legislation. Replacing the Data Protection Act, it is likely that all landlords will be affected by the new rules as they handle personal data.
When does GDPR come into effect?
The new regulation comes into effect from 25th May. The new requirements apply to both existing and new tenancies which start after that date.
Each new tenant or prospective tenant must be given a privacy notice, as well as existing tenants and guarantors.
What is the ICO?
The ICO stands for the Information Commissioners Office.
I am a managing agent and I only have a mobile number and a name of the tenant, do I still need to register with the ICO?
Yes, as this information is still personal data about an individual. This is a requirement under UK legislation unless you qualify for one of the exemptions.
Is there a sample privacy notice that I can look at?
Yes, a sample privacy notice can be accessed in the docs section of the RLA website here, However, it is important to remember that it is not just the privacy notice that you need to fill in, a data audit spreadsheet needs to be completed as well. A sample data audit of this can be download on our website.
If two people, for example a husband and a wife, own a property, do both need to register with the ICO?
As both people are handling personal data, both will need to register with the ICO. This doesn’t just apply to a husband and wife, but also to business partners etc.
What is a data processor?
A data processor is a third party who perform data processing tasks for the data controller (not an employee of the controller’s organisation).
Examples of this include referencing services and cloud storage hosts. For example, RLA credit checks are considered to be a third party service.
The RLA runs an e-Learning GDPR course, which is just £10 for RLA members and £18 for non-members.