1. Introduction

 

This policy sets out the obligations of GRENKE Leasing Limited (UK) the ‘Business’) regarding retention of personal data collected, held and processed by the Business in accordance with the UK General Data Protection Regulation (UK GDPR) and The General Data Protection Regulation (EU) 2016/679 (EU GDPR) which sits alongside the Data Protection Act 2018 (DPA 2018). The UK GDPR and EU GDPR are collectively referred to as ‘GDPR’ on this page.

 

The GDPR 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 GDPR 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 GDPR, 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 GDPR to protect that data).

 

In addition, the GDPR 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:

• Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above).
• When the data subject withdraws their consent.
• When the data subject objects to the processing of their personal data and the Business has no overriding legitimate interest.
• When the personal data is processed unlawfully (i.e. in breach of the GDPR).
• When the personal data has to be erased to comply with a legal obligation.
• 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 Business and 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 GDPR, please refer to the Business’s GDPR and Data Protection Policy.

 

 

2. Officers and Responsibility

 

This policy is the responsibility of Robin Spurr who is the Data Protection Officer, supported by the Directors and The Strategic Partner Ltd (External Advisors).

 

All staff are expected to be aware of this policy and to apply its requirements.

 

 

3. Aims and Objectives

 

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 subjects’ rights to erasure, are complied with. By extension, this policy aims to ensure that the Business complies fully with its obligations and the rights of data subjects under the GDPR.

 

In addition to safeguarding the rights of data subjects under the GDPR by ensuring that excessive amounts of data are not retained by the Business, this policy also aims to improve the speed and efficiency of managing data.

 

 

4. Scope

 

This policy applies to all personal data held by the Business, and any third-party data processors processing personal data on the Business’s behalf.

 

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

• The Business’s servers, located in each UK Branch [Locations can be found at https://www.grenke.co.uk/locations/ and geo-redundant datacenter in Baden-Baden, Germany.
• Computers permanently located in the Business’s premises.
• Laptop computers and other mobile devices provided by the Business to its employees.
• Computers and mobile devices owned by employees, agents and sub-contractors.
• Physical records stored in a secure room at 2 London Square, Guildford GU1 and secure offsite location, provided by  Unicorn Removals, 3000 Cathedral Hill, Surrey GU2 4SW.

 

 

5. Data Subject Rights and Data Integrity

 

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

 

Data subjects are kept fully informed of their rights, of what personal data the Business holds about them, how that personal data is used and how long the Business 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).

 

Data subjects are given control over their personal data held by the Business, 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 Business’s use of their personal data, and further rights relating to automated decision-making and profiling.

 

 

6. Technical and Organisational Data Security Measures

 

The following technical measures are in place within the Business to protect the security of personal data:

• Personal data may only be transmitted over secure networks.
• All personal data transferred physically should be transferred in a suitable container marked “confidential”.
• No personal data may be shared informally and if access is required to any personal data, such access should be formally requested from Robin Spurr.
• All hard copies of personal data, along with any electronic copies stored on physical media, should be stored securely.
• No personal data may be transferred to any employees, agents, contractors or other parties, whether such parties are working on behalf of the Business or not, without authorisation.
• Personal data must be handled with care at all times and should not be left unattended or on view.
• Computers used to view personal data must always be locked before being left unattended.
• No personal data should be stored on any mobile device, whether such device belongs to the Business or otherwise and then strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary.
• All personal data stored electronically should be backed up frequently.
• All electronic copies of personal data should be stored securely using passwords and encryption.
• All passwords used to protect personal data should be changed regularly and must be secure.
• Under no circumstances should any passwords be written down or shared. If a password is forgotten, it must be reset using the applicable method.
• All software should be kept up to date. Security-related updates should be installed.
• No software may be installed on any Business-owned computer or device without approval.
• Where personal data held by the Business is used for marketing purposes, it shall be the responsibility of Robin Spurr to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.

 

The following organisational measures are in place within the Business to protect the security of personal data:

• All employees and other parties working on behalf of the Business shall be made fully aware of both their individual responsibilities and the Business’s responsibilities under the GDPR and under the Business’s GDPR and Data Protection Policy.
• Only employees and other parties working on behalf of the Business that need access to, and use of, personal data in order to perform their work shall have access to personal data held by the Business.
• All employees and other parties working on behalf of the Business handling personal data will be appropriately trained to do so.
• All employees and other parties working on behalf of the Business handling personal data will be appropriately supervised.
• All employees and other parties working on behalf of the Business handling personal data should exercise care and caution when discussing any work relating to personal data at all times.
• Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed.
• The performance of those employees and other parties working on behalf of the Business handling personal data shall be regularly evaluated and reviewed.
• All employees and other parties working on behalf of the Business handling personal data will be bound by contract to comply with the GDPR and the Business’s GDPR and Data Protection Policy.
• All agents, contractors or other parties working on behalf of the Business handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of the Business arising out of the GDPR and the Business’s GDPR and Data Protection Policy.
• Where any agent, contractor or other party working on behalf of the Business handling personal data fails in their obligations under the GDPR and/or the Business’s GDPR and Data Protection Policy, that party shall indemnify and hold harmless the Business against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

 

 

7. Data Disposal

 

Upon the expiry of the data retention periods set out below in Clause 8 (Data Retention) 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:

• Personal data stored electronically (including any and all backups thereof) shall be deleted.
• Personal data stored in hard copy form shall be shredded.

 

 

8. Data Retention

 

It is the Business’s policy to store all records for a minimum period of 10 years after an Agreement is closed by both parties unless an extended period is agreed with the customer.

 

The Business 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.

 

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.

 

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

• The objectives and requirements of the Business.
• The type of personal data in question.
• The purpose(s) for which the data in question is collected, held, and processed.
• The Business’s legal basis for collecting, holding, and processing that data.
• The category or categories of data subjects to whom the data relates.
• The requirements of the regulator.
• The Limitation Act 1980.

 

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.

 

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

 

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 or the service provided by the Business requires data to be stored to enable the service to be provided.

 

 

9. Roles and Responsibilities

 

The Business’s Data Protection Officer is Robin Spurr.

 

The Data Protection Officer shall be responsible for overseeing the implementation of this policy and for monitoring compliance with this policy, the Business’s other data protection-related policies (including, but not limited to, its GDPR and Data Protection Policy), and with the GDPR and other applicable data protection legislation.

 

Any questions regarding this policy, the retention of personal data, or any other aspect of GDPR compliance should be referred to the Data Protection Officer.

 

 

10. Version Control and Updates

 

This policy is reviewed annually and updated as necessary.

 

In the event of any statute or regulation changes, this policy will be brought up to date at that point in time and any policies affected will also be updated.

 

A printed version of this policy should be considered obsolete.