Data Retention Policy

1. Introduction 

This Policy sets out the obligations of Legal Utopia Limited, a company registered in England and Wales under number 10909418, whose registered office is at Level 30, The Leadenhall Building, 122 Leadenhall Street, City of London, EC3V 4AB (“the Company”) regarding retention of personal data collected, held, and processed by the Company in accordance with the Data Protection Legislation. “Data Protection Legislation” means all legislation and regulations in force from time to time regulating the use of personal data and the privacy of electronic communications including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 as amended, and any successor legislation.

The Data Protection Legislation defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

The Data Protection Legislation also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.

Under the Data Protection Legislation, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the Data Protection Legislation to protect that data).

In addition, the Data Protection Legislation includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:

a)      Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above);

b)      When the data subject withdraws their consent;

c)      When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;

d)      When the personal data is processed unlawfully (i.e. in breach of the Data Protection Legislation);

e)      When the personal data has to be erased to comply with a legal obligation; or

f)      Where the personal data is processed for the provision of information society services to a child.

This Policy sets out the type(s) of personal data held by the Company, the period(s) for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of.

For further information on other aspects of data protection and compliance with the Data Protection Legislation, please refer to the Company’s Data Protection Policy.

 

2. Aims and Objectives 

2.1           The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies fully with its obligations and the rights of data subjects under the Data Protection Legislation.

2.2          In addition to safeguarding the rights of data subjects under the Data Protection Legislation, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data.

 

3. Scope

3.1           This Policy applies to all personal data held by the Company and by third-party data processors processing personal data on the Company’s behalf.

3.2          Personal data, as held by the Company is stored in the following ways and in the following locations:

a)      The Company’s servers, located in London, United Kingdom;

b)      Third-party servers, operated by Amazon Web Services SARL and located in London, United Kingdom and Luxembourg;

c)      Computers located in the Company’s registered office address;

d)      Laptop computers and other mobile devices provided by the Company to its employees;

e)      Computers and mobile devices owned by employees, agents, and sub-contractors used in accordance with the Company’s Bring Your Own Device (“BYOD”) Policy;

f)      Physical records stored in secured locations within England.

 

4. Data Subject Rights and Data Integrity

All personal data held by the Company is held in accordance with the requirements of the Data Protection Legislation and data subjects’ rights thereunder, as set out in the Company’s Data Protection Policy.

4.1          Data subjects are kept fully informed of their rights, of what personal data the Company holds about them, how that personal data is used, and how long the Company will hold that personal data (or, if no fixed retention period can be determined, the criteria by which the retention of the data will be determined).

4.2         Data subjects are given control over their personal data held by the Company including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy), the right to restrict the Company’s use of their personal data, and further rights relating to automated decision-making and profiling.

 

5. Technical and Organisational Data Security Measures

5.1           The Company shall maintain an adequate IT Security Policy that shall include both technical and operational security measures to appropriately secure any and all personal data processed by the Company.

5.2          The Company shall maintain appropriate cyber security credentials and cyber and data insurance to an appropriate level based on the overall risk presented to data subjects’ personal data.

 

6. Data Disposal

Upon the expiry of the data retention periods set out below in Part 7 of this Policy, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows:

6.1          Personal data stored electronically (including any and all backups thereof) shall be deleted securely using the reasonably available default methods;

6.2          Special category personal data stored electronically (including any and all backups thereof) shall be deleted securely using the reasonably available default methods;

6.2          Personal data and special category personal data stored in hardcopy form shall be shredded and recycled or repurposed for use as rabbit or chicken bedding following personal inspection of an employee of the Company;

 

7. Data Retention

7.1         As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.

7.2          Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.

7.3          When establishing and/or reviewing retention periods, the following shall be taken into account:

a)      The objectives and requirements of the Company;

b)      The type of personal data in question;

c)      The purpose(s) for which the data in question is collected, held, and processed;

d)      The Company’s legal basis for collecting, holding, and processing that data;

e)      The category or categories of data subject to whom the data relates;

f)      The public, scientific and/or historical research or statistical purposes to which it may be used for;

h)      The risk posed to the personal data and the data subject themselves;

i)      The practical accessibility to redress by data subjects should their rights be breached

j)      The statements provided within the Company’s Data and Ethics Policy and Ethics Policy.

7.4          If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria.

7.5          Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise).

7.6          In limited circumstances, it may also be necessary to retain personal data for longer periods where such retention is for archiving purposes that are in the public interest, for scientific or historical research purposes, or for statistical purposes. All such retention will be subject to the implementation of appropriate technical and organisational measures to protect the rights and freedoms of data subjects, as required by the Data Protection Legislation.

Data Ref. Type of Data Purpose of Data Review Period Retention Period or Criteria Comments
DR.1 Identity Information We ask everyone that visits Our Sites and Apps to provide some or all of this information when corresponding with Us, responding to a Subject Access Request, completing regulatory checks, or when otherwise engaging with us, including accessing our products and/or services.
We may also use this information to provide or support the provision of Our products and services. This information may be provided by a third party, such as a regulator or government agency.
1-Year Duration of Correspondence, and/or Performance of Contract, and/or Compliance with Legal Obligations + 1-Year This information is deleted, to the degree appropriate, from all storage and disassociated with any remaining information.
DR.2 Contact Information We ask Users of Our Site to provide this information upon creating an account. We collect this information from the Solicitors Regulation Authority and Bar Standards Board to provide some of Our services.
This information is collected so that we can contact an account User about their account and provide Our services.
1-Year Duration of Correspondence, Performance of Contract, Compliance with Legal Obligations + 1-Year. Third-party collected Contact Information is subject to the criteria set out in this policy. This information is deleted, to the degree appropriate, from all storage and disassociated with any remaining information.
Third-party collected Contact Information is subject to a legitimate and public interest assessment annually.
DR.3 Business Information We ask Users of Our Site to provide this information upon creating an account. We collect this information from the Solicitors Regulation Authority and Bar Standards Board to provide some of Our services.
This information is collected so that we can contact an account User about their account and provide some of Our services.
1-Year Duration of Correspondence, Performance of Contract, Compliance with Legal Obligations + 1-Year. Third-party collected Business Information is subject to the criteria set out in this policy. This information is deleted, to the degree appropriate, from all storage and disassociated with any remaining information.
Third-party collected Contact Information is subject to a legitimate and public interest assessment annually.
DR.4 Payment Information We ask Users of Our Services to provide this information via a secure third-party payment gateway.
We do not collect information pertaining to card numbers, but we do collect transaction numbers, payment types, payment value amount and payment dates to manage account Users of Our Services.
1-Year Performance of Contract, Compliance with Legal Obligations + 7-Years. This information is deleted, to the degree appropriate, from all storage and disassociated with any remaining information.
DR.5 Profile Information We ask Users of Our Site to provide this information upon creating an account.
We collect this information for comprising commercial industry reports about Our Users and to understand Our User consumer demographic. This information does not identify a specific User and is collected on the basis of consent.
1-Year Duration of Correspondence, Performance of Contract + 7-Years. This information is retained for a duration not exceeding 7-Years. This information is not considered personal data upon account termination. This information is deleted, to the degree appropriate, from all storage and disassociated with any remaining information.
DR.6 Technical Information We collect this information from Users of Our Site upon acceptance of Our Site Cookie Policy. This information is collected and stored by Google Analytics (Google LLC) and other similar services providers as determined from time to time.
We collect this information for the monitoring and improvement of Our Site and Our Services.
1-Year A period up to 7-Years. This information is deleted, to the degree appropriate, from all storage and disassociated with any remaining information.
DR.7 Legal Claim, Proceedings, Problems and Disputes Information We ask Users of Our Services to provide this information in order for Us to provide Our Services and for use in continued improved performance of Our Services.
We collect this information to provide Our Services to Users. This information is also used for research, historical, statistical, and public interest research.
1-Year Duration of Performance of Contract, Compliance with Legal Obligations + 7-Years. This information is deleted, to the degree appropriate, from all storage and disassociated with any remaining information.
DR.8 Research Information We ask Users of Our Site and Apps, as well as Company social media channels and marketing communications to provide this information voluntarily.
We collect this information to provide Our services to Users. This information is also used for research, historical, statistical, and public interest research.
1-Year Duration as per an annual assessment under the criteria set out in this policy. This information may be collected in many forms, voluntarily, through Our communications to Users of Our Sites and Apps and social media and marketing communications. Where possible, the information collected will not be associated or collected with personal data.
DR.9 Identification information relating to employees We ask employees to provide information in relation to their identity to carry out appropriate checks, including but not limited to, right to work, liability to tax, and pre-contract checks. 1-Year Duration of Recruitment, Pre-contract negotiations, Employment, Compliance with Legal Obligations + 1-Year or Consent This information may be collected at the point of recruitment on the basis of consent or voluntarily submission to Us.
DR.10 Equal opportunities monitoring information We may ask employees to complete an Equal Opportunities, Diversity and Inclusion Monitoring Form.
This is used to collect aggregated information on the performance of the Company with respect to its Equal Opportunities Policy and its legal obligations.
1-Year Duration of Recruitment, Pre-contract negotiations, Employment, Compliance with Legal Obligations + 1-Year or Consent. This information may be collected on request by the Company for the purpose(s) as described. The information will only be disclosed in non-identifiable, aggregated form.
DR.11 Health records We may receive or ask to receive employees’ health records or a medical report or alike information to monitor and/or verify and/or provide assistance with their medical health, including mental health.
This is used to comply with any contract of employment provision or statutory right to sick-pay or to maintain adequate levels of insurance or to discharge Our duties as an employer under common law.
1-Year Duration of Employment, Compliance with Legal Obligations, Consent, + 6-months. This information may be considered sensitive data in accordance with UK GDPR and, therefore, treated with greater security, sensitivity and integrity.
DR.12 Employment records We may receive or ask to receive employee data to verify their qualifications, employment history, identity, and alike at the point of recruitment, pre-contract negotiations, employment, and compliance with Our legal obligations. 1-Year Duration of Recruitment, Pre-contract negotiations, Employment, Compliance with Legal Obligations, Consent + 1-Year. This information is deleted, to the degree appropriate, from all storage and disassociated with any remaining information.
DR.13 Solicitors’ records We may receive or ask to receive a solicitor’s records including their regulatory authorisation, qualifications, insurance records, compliance history, unique identifiers, practising certificate and alike information.
This is used to verify the solicitor’s identity, professional qualifications and rights, appropriateness, credibility, and integrity to perform legal services or to carry out relevant checks with third parties for said purpose(s).
1-Year Duration of Correspondence, Pre-contract negotiations, Performance of Contract, Compliance with Legal Obligations, Consent + 1-Year. This information is deleted, to the degree appropriate, from all storage and disassociated with any remaining information. Business Information and Contact Information may be retained under DR.2 and DR.3 for the purposes and duration specified in that section.
DR.14 Barristers’ records We may receive or ask to receive a barrister’s records including their regulatory authorisation, qualifications, insurance records, compliance history, unique identifiers, practising certificate and alike information.
This is used to verify the barrister’s identity, professional qualifications and rights, appropriateness, credibility, and integrity to perform legal services or to carry out relevant checks with third parties for said purpose(s).
1-Year Duration of Correspondence, Pre-contract negotiations, Performance of Contract, Compliance with Legal Obligations, Consent + 1-Year. This information is deleted, to the degree appropriate, from all storage and disassociated with any remaining information. Business Information and Contact Information may be retained under DR.2 and DR.3 for the purposes and duration specified in that section

 

8. Roles and Responsibilities Purposes

8.1          The Company’s Data Protection Officer is Fraser Matcham, fraser@legalutopia.co.uk.

8.2          The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Protection-related policies (including, but not limited to, its Data Protection Policy), and with the Data Protection Legislation.

8.3          The Data Protection Officer shall be directly responsible for ensuring compliance with the above data retention periods throughout the Company.

8.3          Any questions regarding this Policy, the retention of personal data, or any other aspect of Data Protection Legislation compliance should be referred to the Data Protec

 

9. Implementation of Policy

This Policy shall be deemed effective as of 11th April 2021. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

 

This Policy shall be deemed effective as of 1st April 2021. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.

 

This Policy has been approved and authorised by:.

Name: Fraser Matcham

Position: DIRECTOR

Date: 11th April 2021

Due for Review by: 11th October 2021

Signature: F.MATCHAM