Data Protection Policy (GDPR) – H&S/Rev 003/20.03.2025 

 

1. Introduction 

This Policy sets out the obligations of P’Brothers Building LTD, a company registered in United  Kingdom under number 12058969 regarding data protection and the rights of staff, customers,  business contacts etc. in respect of their personal data under the Data Protection Legislation  (defined below). 

This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage,  and disposal of personal data. The procedures and principles set out herein must be followed at all  times by the Company, its employees, agents, contractors, or other parties working on behalf of the  Company. 

2. Definitions 

“consent” means the consent of the data subject which must be a freely  given, specific, informed, and unambiguous indication of the  

data subject’s wishes by which they (by a statement or by a  

clear affirmative action) signify their agreement to the  

processing of personal data relating to them. 

“data controller” means the person or organisation which, alone or jointly with  others, determines the purposes and means of the processing  

of personal data. For the purposes of this Policy, the Company  

is the data controller of all personal data relating to <<insert  

type(s) of data subject, e.g., staff, customers, business  

contacts etc.>> used in our business. 

“data processor” means a person or organisation which processes personal data  on behalf of a data controller. 

“Data Protection Legislation” means all applicable data protection and privacy laws including,  but not limited to, the GDPR, and any applicable national laws,  

regulations, and secondary legislation in England and Wales  

concerning the processing of personal data or the privacy of  

electronic communications, as amended, replaced, or updated  

from time to time. 

“data subject” means a living, identified, or identifiable individual about whom  the Company holds personal data. 

“EEA” means the European Economic Area, consisting of all EU  Member States, Iceland, Liechtenstein, and Norway. 

“personal data” means any information relating to a data subject who can be  identified, directly or indirectly, in particular by reference to an  

identifier such as a name, 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 data subject.

“personal data breach” means a breach of security leading to the accidental or  unlawful destruction, loss, alteration, unauthorized disclosure  

of, or access to, personal data transmitted, stored, or otherwise  

processed. 

“processing” means any operation or set of operations performed on  personal data or sets of personal data, whether or not by  

automated means, such as collection, recording, organisation,  

structuring, storage, adaptation or alteration, retrieval,  

consultation, use, disclosure by transmission, dissemination or  

otherwise making available, alignment or combination,  

restriction, erasure or destruction; 

“pseudonymisation” means the processing of personal data in such a manner that  the personal data can no longer be attributed to a specific data  

subject without the use of additional information, provided that  

such additional information is kept separately and is subject to  

technical and organisational measures to ensure that the  

personal data is not attributed to an identified or identifiable  

natural person; and 

“special category personal data” means personal data revealing racial or ethnic origin, political  opinions, religious or philosophical beliefs, trade union  

membership, health, sexual life, sexual orientation, biometric,  

or genetic data. 

3. Data Protection Officer & Scope of Policy 

3.1 The Company’s Data Protection Officer is Ionut Potor, Mob: 07874079811. The Data  Protection Officer is responsible for administering this Policy and for developing and  implementing any applicable related policies (including those referred to in this Policy),  procedures, and/or guidelines. 

3.2 All managers and supervisors are responsible for ensuring that all employees, agents,  contractors, or other parties working on behalf of the Company comply with this Policy and,  where applicable, must implement such practices, processes, controls, and training as are  reasonably necessary to ensure such compliance. 

3.3 Any questions relating to this Policy, the Company’s collection, processing, or holding of  personal data, or to the Data Protection Legislation should be referred to the Data Protection  Officer. 

4. The Data Protection Principles 

The Data Protection Legislation sets out the following principles with which any party handling  personal data must comply. All personal data must be: 

4.1 processed lawfully, fairly, and in a transparent manner in relation to the data subject.

4.2 collected for specified, explicit, and legitimate purposes and not further processed in a  manner that is incompatible with those purposes. Further processing for archiving purposes  in the public interest, scientific or historical research purposes or statistical purposes shall  not be considered to be incompatible with the initial purposes. 

4.3 adequate, relevant, and limited to what is necessary in relation to the purposes for which it is  processed. 

4.4 accurate and, where necessary, kept up to date. Every reasonable step must be taken to  ensure that personal data that is inaccurate, having regard to the purposes for which it is  processed, is erased, or rectified without delay. 

4.5 kept in a form which permits identification of data subjects for no longer than is necessary for  the purposes for which the personal data is processed. Personal data may be stored for  longer periods insofar as the personal data will be processed solely for archiving purposes in  the public interest, scientific or historical research purposes, or statistical purposes, subject  to implementation of the appropriate technical and organisational measures required by the  Data Protection Legislation in order to safeguard the rights and freedoms of the data subject. 

4.6 processed in a manner that ensures appropriate security of the personal data, including  protection against unauthorised or unlawful processing and against accidental loss,  destruction, or damage, using appropriate technical or organisational measures. 

5. The Rights of Data Subjects 

The Data Protection Legislation sets out the following key rights applicable to data subjects: • The right to be informed. 

• the right of access 

• the right to rectification 

• the right to erasure (also known as the ‘right to be forgotten’) 

• the right to restrict processing. 

• the right to data portability 

• the right to object; and 

• rights with respect to automated decision-making and profiling. 

6. Lawful, Fair, and Transparent Data Processing 

6.1 The Data Protection Legislation seeks to ensure that personal data is processed lawfully,  fairly, and transparently, without adversely affecting the rights of the data subject.  Specifically, the GDPR states that processing of personal data shall be lawful if at least one  of the following applies: 

a) the data subject has given consent to the processing of their personal data for one or  more specific purposes. 

b) the processing is necessary for the performance of a contract to which the data  subject is a party, or to take steps at the request of the data subject prior to entering  into a contract.

c) the processing is necessary for compliance with a legal obligation to which the data  controller is subject. 

d) the processing is necessary to protect the vital interests of the data subject or of  another natural person. 

e) the processing is necessary for the performance of a task carried out in the public  interest or in the exercise of official authority vested in the data controller; or 

f) the processing is necessary for the purposes of the legitimate interests pursued by  the data controller or by a third party, except where such interests are overridden by  the fundamental rights and freedoms of the data subject which require protection of  personal data, in particular where the data subject is a child. 

7. Consent 

If consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data,  the following shall apply: 

7.1 Consent is a clear indication by the data subject that they agree to the processing of their  personal data. Such a clear indication may take the form of a statement or a positive action.  Silence, pre-ticked boxes, or inactivity are unlikely to amount to consent. 

7.2 Where consent is given in a document which includes other matters, the section dealing with  consent must be kept clearly separate from such other matters. 

7.3 Data subjects are free to withdraw consent at any time and it must be made easy for them to  do so. If a data subject withdraws consent, their request must be honoured promptly. 7.4 If personal data is to be processed for a different purpose that is incompatible with the  purpose or purposes for which that personal data was originally collected that was not  disclosed to the data subject when they first provided their consent, consent to the new  purpose or purposes may need to be obtained from the data subject. 

7.5 In all cases where consent is relied upon as the lawful basis for collecting, holding, and/or  processing personal data, records must be kept of all consents obtained in order to ensure  that the Company can demonstrate its compliance with consent requirements. 

8. Specified, Explicit, and Legitimate Purposes 

8.1 The Company collects and processes the personal data set out in Head Office. This  includes: 

a) personal data collected directly from data subjects (employees, subcontractors, and  clients) 

b) personal data obtained from third parties. 

8.2 The Company only collects, processes, and holds personal data for the specific purposes  set out in HR Filling Doc’s (or for other purposes expressly permitted by the Data Protection  Legislation).

8.3 Data subjects must be kept informed at all times of the purpose or purposes for which the  Company uses their personal data. Please refer to Part 15 for more information on keeping  data subjects informed. 

9. Adequate, Relevant, and Limited Data Processing 

9.1 The Company will only collect and process personal data for and to the extent necessary for  the specific purpose or purposes of which data subjects have been informed (or will be  informed) as under Part 8, above. 

9.2 Employees, agents, contractors, or other parties working on behalf of the Company may  collect personal data only to the extent required for the performance of their job duties and  only in accordance with this Policy. Excessive personal data must not be collected. 

9.3 Employees, agents, contractors, or other parties working on behalf of the Company may  process personal data only when the performance of their job duties requires it. Personal  data held by the Company cannot be processed for any unrelated reasons. 

10. Accuracy of Data and Keeping Data Up to Date 

10.1 The Company shall ensure that all personal data collected, processed, and held by it is kept  accurate and up to date. This includes, but is not limited to, the rectification of personal data  at the request of a data subject, as set out in Part 17, below. 

10.2 The accuracy of personal data shall be checked when it is collected and at regular intervals  thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps  will be taken without delay to amend or erase that data, as appropriate. 

11. Data Retention 

11.1 The Company shall not keep personal data for any longer than is necessary in light of the  purpose or purposes for which that personal data was originally collected, held, and  processed. 

11.2 When personal data is no longer required, all reasonable steps will be taken to erase or  otherwise dispose of it without delay. 

11.3 For full details of the Company’s approach to data retention, including retention periods for  specific personal data types held by the Company, please refer to our Data Retention Policy. 

12. Secure Processing 

12.1 The Company shall ensure that all personal data collected, held, and processed is kept  secure and protected against unauthorised or unlawful processing and against accidental  loss, destruction, or damage. 

12.2 All technical and organisational measures taken to protect personal data shall be regularly  reviewed and evaluated to ensure their ongoing effectiveness and the continued security of  personal data.

12.3 Data security must be maintained at all times by protecting the confidentiality, integrity, and  availability of all personal data as follows: 

a) only those with a genuine need to access and use personal data and who are  authorised to do so may access and use it; 

b) personal data must be accurate and suitable for the purpose or purposes for which it  is collected, held, and processed; and 

c) authorised users must always be able to access the personal data as required for the  authorised purpose or purposes. 

13. Accountability and Record-Keeping 

13.1 The Data Protection Officer is responsible for administering this Policy and for developing  and implementing any applicable related policies, procedures, and/or guidelines. 13.2 The Company shall always follow a privacy by design approach when collecting, holding,  and processing personal data. Data Protection Impact Assessments shall be conducted if  any processing presents a significant risk to the rights and freedoms of data subjects (please  refer to Part 14 for further information). 

13.3 All employees, agents, contractors, or other parties working on behalf of the Company shall  be given appropriate training in data protection and privacy, addressing the relevant aspects  of Data Protection Law, this Policy, and all other applicable Company policies. 

13.4 The Company’s data protection compliance shall be regularly reviewed and evaluated by  means of Data Protection Audits. 

13.5 The Company shall keep written internal records of all personal data collection, holding, and  processing, which shall incorporate the following: 

13.5.1 The name and details of the Company, its Data Protection Officer, and any applicable  third-party data transfers (including data processors and other data controllers with  whom personal data is shared). 

13.5.2 The purposes for which the Company collects, holds, and processes personal data. 13.5.3 The Company’s legal basis or bases (including, but not limited to, consent, the  mechanism(s) for obtaining such consent, and records of such consent) for  collecting, holding, and processing personal data. 

13.5.4 Details of the categories of personal data collected, held, and processed by the  Company, and the categories of data subject to which that personal data relates. 13.5.5 Details of any transfers of personal data to non-EEA countries including all  mechanisms and security safeguards. 

13.5.6 Details of how long personal data will be retained by the Company. 

13.5.7 Details of personal data storage, including location(s); and 

13.5.8 Detailed descriptions of all technical and organisational measures taken by the  Company to ensure the security of personal data.

14. Data Protection Impact Assessments and Privacy by Design 

14.1 In accordance with privacy by design principles, the Company shall carry out Data Protection  Impact Assessments for all new projects and/or new uses of personal data which involve the  use of new technologies and where the processing involved is likely to result in a high risk to  the rights and freedoms of data subjects. 

14.2 The principles of privacy by design should be always followed when collecting, holding, and  processing personal data. The following factors should be taken into consideration: 

a) the nature, scope, context, and purpose or purposes of the collection, holding, and  processing. 

b) the state of the art of all relevant technical and organisational measures to be taken. c) the cost of implementing such measures; and 

d) the risks posed to data subjects and to the Company, including their likelihood and  severity. 

14.3 Data Protection Impact Assessments shall be overseen by the Data Protection Officer and  shall address the following: 

a) the type(s) of personal data that will be collected, held, and processed. b) the purpose(s) for which personal data is to be used. 

c) the Company’s objectives. 

d) how personal data is to be used. 

e) the parties (internal and/or external) who are to be consulted. 

f) the necessity and proportionality of the data processing with respect to the  purpose(s) for which it is being processed. 

g) risks posed to data subjects. 

h) risks posed both within and to the Company; and 

i) proposed measures to minimise and handle identified risks. 

15. Keeping Data Subjects Informed 

15.1 The Company shall provide the information set out in Part 15.2 to every data subject: 

a) where personal data is collected directly from data subjects, those data subjects will be  informed of its purpose at the time of collection; and 

b) where personal data is obtained from a third party, the relevant data subjects will be  informed of its purpose: 

• if the personal data is used to communicate with the data subject, when the first  communication is made; or 

• if the personal data is to be transferred to another party, before that transfer is made;  or

• as soon as reasonably possible and in any event not more than one month after the  personal data is obtained. 

15.2 The following information shall be provided in the form of a privacy notice: 

a) details of the Company including, but not limited to, contact details, and the names  and contact details of any applicable representatives and its Data Protection Officer. b) the purpose(s) for which the personal data is being collected and will be processed  and the lawful basis justifying that collection and processing. 

c) where applicable, the legitimate interests upon which the Company is justifying its  collection and processing of the personal data. 

d) where the personal data is not obtained directly from the data subject, the categories  of personal data collected and processed. 

e) where the personal data is to be transferred to one or more third parties, details of  those parties. 

f) where the personal data is to be transferred to a third party that is located outside of  the EEA, details of that transfer, including but not limited to the safeguards in place  (see Part 25 of this Policy for further details). 

g) details of applicable data retention periods. 

h) details of the data subject’s rights under the Data Protection Legislation. i) details of the data subject’s right to withdraw their consent to the Company’s  processing of their personal data at any time. 

j) details of the data subject’s right to complain to the Information Commissioner’s  Office (the ‘supervisory authority’). 

k) where the personal data is not obtained directly from the data subject, details about  the source of that personal data. 

l) where applicable, details of any legal or contractual requirement or obligation  necessitating the collection and processing of the personal data and details of any  consequences of failing to provide it; and 

m) details of any automated decision-making or profiling that will take place using the  personal data, including information on how decisions will be made, the significance  of those decisions, and any consequences. 

16. Data Subject Access 

16.1 Data subjects may make subject access requests (“SARs”) at any time to find out more  about the personal data which the Company holds about them, what it is doing with that  personal data, and why. 

16.2 Employees wishing to make a SAR should do so using a Subject Access Request Form,  sending the form to the Company’s Data Protection Officer at 07887240292. 16.3 Responses to SARs must normally be made within one month of receipt, however, this may  be extended by up to two months if the SAR is complex and/or numerous requests are  made. If such additional time is required, the data subject shall be informed. 16.4 All SARs received shall be handled by the Company’s Data Protection Officer.

16.5 The Company does not charge a fee for the handling of normal SARs. The Company  reserves the right to charge reasonable fees for additional copies of information that has  already been supplied to a data subject, and for requests that are manifestly unfounded or  excessive, particularly where such requests are repetitive. 

17. Rectification of Personal Data 

17.1 Data subjects have the right to require the Company to rectify any of their personal data that  is inaccurate or incomplete. 

17.2 The Company shall rectify the personal data in question, and inform the data subject of that  rectification, within one month of the data subject informing the Company of the issue. The  period can be extended by up to two months in the case of complex requests. If such  additional time is required, the data subject shall be informed. 

17.3 In the event that any affected personal data has been disclosed to third parties, those parties  shall be informed of any rectification that must be made to that personal data. 

18. Erasure of Personal Data 

18.1 Data subjects have the right to request that the Company erases the personal data it holds  about them in the following circumstances: 

a) it is no longer necessary for the Company to hold that personal data with respect to  the purpose(s) for which it was originally collected or processed. 

b) the data subject wishes to withdraw their consent to the Company holding and  processing their personal data. 

c) the data subject objects to the Company holding and processing their personal data  (and there is no overriding legitimate interest to allow the Company to continue doing  so) (see Part 21 of this Policy for further details concerning the right to object); d) the personal data has been processed unlawfully. 

e) the personal data needs to be erased for the Company to comply with a particular  legal obligation. 

18.2 Unless the Company has reasonable grounds to refuse to erase personal data, all requests  for erasure shall be complied with, and the data subject informed of the erasure, within one  month of receipt of the data subject’s request. The period can be extended by up to two  months in the case of complex requests. If such additional time is required, the data subject  shall be informed. 

18.3 In the event that any personal data that is to be erased in response to a data subject’s  request has been disclosed to third parties, those parties shall be informed of the erasure  (unless it is impossible or would require disproportionate effort to do so).

19. Restriction of Personal Data Processing 

19.1 Data subjects may request that the Company ceases processing the personal data it holds  about them. If a data subject makes such a request, the Company shall retain only the  amount of personal data concerning that data subject (if any) that is necessary to ensure  that the personal data in question is not processed further. 

19.2 In the event that any affected personal data has been disclosed to third parties, those parties  shall be informed of the applicable restrictions on processing it (unless it is impossible or  would require disproportionate effort to do so). 

20. Objections to Personal Data Processing 

20.1 Data subjects have the right to object to the Company processing their personal data based  on legitimate interests, for direct marketing. 

20.2 Where a data subject objects to the Company processing their personal data based on its  legitimate interests, the Company shall cease such processing immediately, unless it can be  demonstrated that the Company’s legitimate grounds for such processing override the data  subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct  of legal claims. 

20.3 Where a data subject objects to the Company processing their personal data for direct  marketing purposes, the Company shall cease such processing promptly. 

21. Transferring Personal Data to a Country outside the UK and EEA 

21.1 The Company may from time-to-time transfer (‘transfer’ includes making available remotely)  personal data to countries outside of the UK and EEA. 

21.2 The transfer of personal data to a country outside of the UK and EEA shall take place only if  one or more of the following applies: 

21.2.1 The transfer is to a country, territory, or one or more specific sectors in that country  (or an international organisation), that the European Commission has determined  ensures an adequate level of protection for personal data. 

21.2.2 the transfer is to a country (or international organisation) which provides appropriate  safeguards in the form of a legally binding agreement between public authorities or  bodies; binding corporate rules; standard data protection clauses adopted by the  European Commission; compliance with an approved code of conduct approved by a  supervisory authority (e.g. the Information Commissioner’s Office); certification under  an approved certification mechanism (as provided for in the Data Protection  Legislation); contractual clauses agreed and authorised by the competent  supervisory authority; or provisions inserted into administrative arrangements  between public authorities or bodies authorised by the competent supervisory  authority;

21.2.3 The transfer is made with the informed and explicit consent of the relevant data  subject(s). 

21.2.4 The transfer is necessary for the performance of a contract between the data subject  and the Company (or for pre-contractual steps taken at the request of the data  subject). 

21.2.5 The transfer is necessary for important public interest reasons. 

21.2.6 The transfer is necessary for the conduct of legal claims. 

21.2.7 The transfer is necessary to protect the vital interests of the data subject or other  individuals where the data subject is physically or legally unable to give their consent;  or 

21.2.8 The transfer is made from a register that, under UK or EU law, is intended to provide  information to the public and which is open for access by the public in general or  otherwise to those who can show a legitimate interest in accessing the register. 

22. Data Breach Notification 

22.1 All personal data breaches must be reported immediately to the Company’s Data Protection  Officer. 

22.2 If an employee, agent, contractor, or other party working on behalf of the Company becomes  aware of or suspects that a personal data breach has occurred, they must not attempt to  investigate it themselves. All evidence relating to the personal data breach in question  should be carefully retained. 

22.3 If a personal data breach occurs and that breach is likely to result in a risk to the rights and  freedoms of data subjects (e.g., financial loss, breach of confidentiality, discrimination,  reputational damage, or other significant social or economic damage), the Data Protection  Officer must ensure that the Information Commissioner’s Office is informed of the breach  without delay, and in any event, within 72 hours after having become aware of it. 

22.4 In the event that a personal data breach is likely to result in a high risk (that is, a higher risk  than that described under Part 26.3) to the rights and freedoms of data subjects, the Data  Protection Officer must ensure that all affected data subjects are informed of the breach  directly and without undue delay. 

22.5 Data breach notifications shall include the following information: 

22.5.1 The categories and approximate number of data subjects concerned. 22.5.2 The categories and approximate number of personal data records concerned. 22.5.3 The name and contact details of the Company’s data protection officer (or other  contact point where more information can be obtained). 

22.5.4 The likely consequences of the breach. 

22.5.5 Details of the measures taken, or proposed to be taken, by the Company to address  the breach including, where appropriate, measures to mitigate its possible adverse  effects.

23. Implementation of Policy 

This Policy shall be deemed effective as of 20th April 2025. 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: 

Signed: IONUT P. POTOR – Managing Director  

Date: 12.05.2025