The BDP Group acknowledges that everyone has rights with regard to the way in which their personal data is handled. BDP will collect, store and process personal data about its employees, customers, suppliers and other third parties, and recognises that the correct and lawful treatment of this data will maintain confidence in the organisation and will provide for successful business operations.
Data users are obliged to comply with this policy when processing personal data on BDP's behalf. Any breach of this policy may result in disciplinary action.
About this Policy
This policy applies to all individuals working within and for the BDP Group at all levels and grades, including directors, senior managers, staff, consultants, contractors, seconded staff, agency staff, agents or any other person associated with us or any of our subsidiaries or their employees, wherever located.
The types of personal data that BDP may be required to handle include information about current, past and prospective employees, suppliers, contractors and clients and others that BDP communicates with. The personal data, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the Data Protection Act 1998 (the Act) and other regulations.
This policy and any other documents referred to in it sets out the basis on which BDP will process any personal data it collects from data subjects, or that is provided to BDP by data subjects or other sources. It also sets out rules on data protection and the legal conditions that must be satisfied when BDP obtains, handles, processes, transfers and stores personal data.
Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the BDP Data Protection Officer.
Definition of Data Protection Terms
Data is information which is stored electronically, on a computer, or in certain paper-based filing systems.
Data subjects for the purpose of this policy include all living individuals about whom BDP hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information. In BDP, Data Subjects include current, past and prospective employees, suppliers, contractors and clients.
Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in BDP's possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions or behaviour.
Data controllers are the people who, or organisations which, determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the Act. BDP is the data controller of all personal data used in its business for its own commercial purposes.
Data users are those of BDP's employees whose work involves handling ('processing' in Data Protection terms - see below) personal data. Data users must protect the data they handle in accordance with this data protection policy and any applicable data security procedures at all times. Data users are likely to include people in 'Administration' roles (including: HR and the HR Network, Central employees, Resourcelink/Deltek/Progression users) Project Management and Directors
Data processors include any person or organisation that is not a data user that processes personal data on BDP's behalf and on BDP's instructions. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on BDP's behalf.
Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
Sensitive personal data includes information about a person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions, including a condition requiring the express permission of the person concerned.
Anyone processing personal data must comply with the eight enforceable data protection principles in the Act. These provide that personal data must be:
Fair and Lawful Processing
The Act is not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject.
For personal data to be processed lawfully, they must be processed on the basis of one of the legal grounds set out in the Act. These include, among other things, the data subject's consent to the processing, or that the processing is necessary for the performance of a contract with the data subject, for the compliance with a legal obligation to which the data controller is subject, or for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, additional conditions must be met. When processing personal data as data controllers in the course of BDP's business, BDP will ensure that those requirements are met.
Processing for Limited Purposes
BDP will only process personal data for the specific purposes notified to the data subject when the data was first collected or for any other purposes specifically permitted by the Act. BDP will notify those purposes to the data subject when the data is first collected or as soon as possible thereafter.
BDP will hold and process personal data about its employees in manual and automated filing systems in relation to the following: salary administration; pension administration; health administration; health insurance/benefits; to facilitate communications between employees within BDP and/or the BDP Group; training and appraisal purposes, including performance and disciplinary records; equal opportunities monitoring; leasing administration; any BDP benefit administration; any change of control or any potential transfer of employment under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (disclosure may include in these circumstances disclosure to the potential purchaser or investor and their advisors); for the BDP Group's global operations and reporting and for the management of its global HR information systems and marketing, bid support and/or PR purposes. Where any services or benefits referred to above are provided to BDP or the BDP Group by third parties, BDP may disclose employees' personal information to those third parties, but will take reasonable steps to ensure that such data is held securely.
BDP may also process sensitive personal data (such as health data, data relating to ethnic origin, religious beliefs, trade union membership or data relating to the commission of an offence) about its employees where it is necessary for some of the purposes set out above, for example for: pension administration; health administration; health insurance/benefits; and equal opportunities monitoring and as necessary for BDP or the BDP Group to exercise its rights or perform its obligations under applicable employment law.
Notifying Data Subjects
If BDP collects personal data directly from data subjects, it will inform them about:
If BDP receives personal data about a data subject from other sources, where permitted to, it will provide the data subject with this information as soon as possible thereafter.
BDP will also inform data subjects whose personal data it processes that it is the data controller with regard to that data, and the name of the current Data Protection Officer.
Adequate, Relevant and Non-Excessive Processing
BDP will only collect personal data to the extent that it is required for the specific purpose notified to the data subject and as otherwise permitted by the Act.
BDP will ensure that personal data it holds is accurate and kept up to date. BDP will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. Employees are responsible for ensuring that they keep their own information up to date using YourData as relevant. BDP will take all reasonable steps to destroy or amend inaccurate or out-of-date data.
BDP will not keep personal data longer than is necessary for the purpose or purposes for which they were collected or as otherwise permitted by the Act. BDP will take all reasonable steps to destroy, or erase from its systems, all data which is no longer required.
Processing in Line with Data Subject's Rights
BDP will process all personal data in line with data subjects' rights, in particular their right to:
BDP will take appropriate security measures against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.
BDP will put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data will only be transferred to a data processor if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.
BDP will maintain data security by protecting the confidentiality, integrity and availability of the personal data, defined as follows:
Security procedures include:
Transferring Personal Data to a Country outside the EEA
BDP may transfer personal data to (or allow access to it from) countries outside the European Economic Area (EEA) including but not limited to BDP Group's personnel based in China, India, Canada and the Middle East. Countries outside of the EEA may not have data protection laws as comprehensive as those existing in the EEA. BDP and the BDP Group will take reasonable steps to ensure that an adequate level of protection is in place in relation to the transfer and processing of such personal data outside of the EEA.
Disclosure and Sharing of Personal Information
BDP may share personal data we hold with any member of our group, which means any subsidiaries or holding companies of Building Design Partnership Limited and Nippon Koei Co., Ltd. as defined in section 1159 of the UK Companies Act 2006 and any associated companies.
BDP may also disclose personal data it holds to third parties:
Dealing with Subject Access Requests
Data subjects may make a formal request for information BDP holds about them. Any such request must be made in writing and an administrative fee of £10 made payable to BDP by the data subject.
Evidence of the data subject's identity should be requested prior to sending out copies of any personal data, unless this is unnecessary. Employees who receive a written request should forward it to the Data Protection Officer immediately.
Any member of staff dealing with telephone enquiries should be careful about disclosing any personal information. In particular they should:
Review and Monitoring of this Policy
This policy, which is non-contractual, will be monitored periodically by the Data Protection Officer to ensure it is up to date and achieving its objectives and may be amended from time to time.
Responsibility for the Policy
For the purposes of this policy, the Information, Technology & Process Director will have primary responsibility for the regular review and update where appropriate. The responsibility for the appropriate and effective application of the policy across each studio is with the Studio Chair (UK) or Studio Leader (International).
This is BDP's Data Protection Policy and as chief executive I commit myself and the company to it.
Date: 3 January 2017