GDPR - Information Notices and model wordings
Background
Under the EU General Data Protection Regulation (GDPR), coming into effect on 25 May 2018, all data controllers are required to explain to data subjects in an information notice what personal data they collect, what it is used for, the legal grounds for “processing” such data, and other matters set out in GDPR.
Following publication of the London Market Core Uses Information Notice in November 2017 (LMA Bulletin LMA17-038-MS), the LMA produced related Guidance on the London Market Core Uses Information Notice in February 2018 (LMA Bulletin LMA18-012-SM), which set out the “layered approach” to the provision of Information Notices recommended by the ICO:
Layer
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Notice type
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Links
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Layer 1
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Short Form Notice
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links to Layer 2 and potentially Layer 3
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Layer 2
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Insurance Market Participant’s own Long Form Information Notice/ Privacy Policy (which would normally reside on their website)
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links to Layer 3
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Layer 3
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Core Uses Information Notice
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Model Clauses
In conjunction with Clyde & Co, the LMA has now produced a model (Layer 1) Short Form Notice and ancillary consent language / policy clauses, which are available on the Lloyd’s Wordings Repository (LWR), as follows:
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LMA9151
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Data Protection Short Form Notice (Layer 1) |
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LMA9152
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Data Protection Consent Form Wordings (Proposal stage) |
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LMA9153
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Data Protection Consent Form Wordings (Claims stage)
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LMA9154
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Data Protection Clause for commercial lines policies (no consent)
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LMA9155
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Data Protection Clause for commercial lines policies (with consent)
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Application and Use
These wordings/clauses, as with all LMA model wordings/clauses, are purely illustrative and established and distributed for the guidance of Members, who are free to agree to different wordings.
The wordings/clauses are for use in the UK/EU/EEA only. The LMA is currently discussing with Lloyd’s their potential use in the USA and other non-EU/EEA territories.
The following notes are provided for general guidance as to their application and use, i.e. what each wording is for and how it can be used in combination with the other wordings.
LMA contacts
Any queries regarding the above wordings should be addressed to Alison Colver on 020 7327 8370 or by email at alison.colver@lmalloyds.com.
Queries regarding GDPR in general may be referred to:
Alison Colver
Head of Wordings
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