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In light of the current changes with proposed changes to GDPR does anyone have any information or help that they can offer especially in relation to landlords who are looking after their own properties and how this will impact maintaining data etc.

I am EXTREMELY surprised that the NLA has nothing (so far as I can find) on their website about this, nor any help, guidance, etc for members. [Link deleted by NLA]. Howwever, probably best is to go to the Information Commissioner's Office's [ICO's] website: https://ico.org.uk/for-organisations/guide-to-the-general-data-protecti… and https://ico.org.uk/for-organisations/guide-to-data-protection/privacy-n… and https://ico.org.uk/for-organisations/guide-to-data-protection/ .... We have been preparing our own Privacy Notice under the following headings: Who are we & our contact details? - From whom might we collect personal data? - With whom might we share your personal data? - How do we hold your personal data? - For how long do we hold your personal data? - What are your rights of access to your personal data? NB: If you are not already registered with the ICO for Data Protection - I would suggest you do so PDQ. Good luck with it....

This is a copy of the email I received after speaking with the Registration Officer at The ICO about Landlords needing to register with them. Any clarification from the NLA would be much appreciated please.

"Here is a copy of our response to the question do landlords need to register.

Generally letting agents and larger landlords who have a business letting properties and process the data electronically do need to register as they process personal data for property management purposes. This can includes producing tenancy agreements, carrying out credit reference checks, carrying out right to rent checks, CCTV etc.

Landlords who only have one or two properties – In this case the Landlords don’t often need to register as they generally use letting agents to carry out the processing for property management, for example getting credit checks and producing the tenancy agreements etc. The decision to who rents their properties is usually made by the letting agents. When this is the case all responsibility has been passed to the Letting Agents. Therefore the Landlord are probably not data controllers and would not need to register."

My NLA Rep has been helpful in sending some information regarding GDPR and there is a webinar with Chris Norris, Director of Policy and Practice at the NLA, and Polly Rivers, Marketing Director at Urban.co.uk this week. I must admit I did expect more from NLA such as a Privacy Notice form Landlords could use and an update in the training library. I think the main things are as 9011 states, register with the ICO (think cost about £35 for the year) and send Privacy Notice to tenants. Make sure you are educated as to the requirements to comply with GDPR.

Thanks for the heads up Mana. I understand they are in the process of preparing one but are still waiting on the lawyers to finalise it. Expectation will be ready this week. I hope that turns out right and it will then be available in the training library.
Perhaps it will form the basis of the webinar.

NLA

Thank you to everyone who has contributed to this thread.

The 'General Data Protection Regulation' or GDPR comes into affect from 25th May 2018. For an overview of what this means for landlords please look out for our webinar on the NLA YouTube Channel https://www.youtube.com/user/NatLandlordsAssoc from Monday 9th April 2018.

A range of resources supporting landlords with GDPR compliance will be available for members later this month. Please look out for notification via email. I will also post an update on this thread in due course.

We have also been covering GDPR at local events around the country since autumn 2017. To find out more about local events where you live please visit the 'In My Area' section https://landlords.org.uk/in-my-area of the NLA website.

Meurig Lloyd, Member Services Manager, National Landlords Association

Hi Meurig,

Could you be more specific about the release date for NLA guidance and template materials please? It would help me (and I expect others) to plan. I have been registered with the ICO for some time, I believe I know what to do for GDPR, but it would be good to have a landlord specific template in good time (that is more than a month in advance). I don't want to generate my own policy and process, roll it out, find I missed something and have to do it all again. A key reason I pay my membership fee to receive timely, up to date, legally compliant materials and advice.
Many Thanks
Paul

It is appalling and totally unacceptable that the NLA has not yet provided any documents/templates for use with the impending GDPR.
Perhaps you ought to have focused the time and resources spent on updating the logo and website more wisely?
The RLA appears to be much more in touch.

I attended the webinar this evening and felt it covered the topic quite well. Disappointingly, it stated that there was a NLA GDPR Privacy Notice Template available on the website but I cannot find it anywhere this evening!

However, I have taken a GDPR certification exam and am a GDPR Progamme Manager for a large insurance company so can create this myself.

I can only say that landlords should not underestimate what they need to do - this is not something you address in a matter of a few days in May - it takes some thought.

In absence of some specific advice, I will be creating appropriate documents for my tenants etc - I am also considering developing a toolkit for landlords and even offering my services as an outsourced Data Protection Officer to landlords - I would welcome any thoughts on whether this would be a service that might help members....

Hi Iain,
I have come across your post on the NLA website. We are a husband and wife team who are landlords. We too were looking to NLA for some guidance in formulating a privacy policy. Unfortunately, as you know there is nothing.
We would be very interested if you develop some sort of tool to help landlords.
I have tried to register with ICO and asked them if we need to pay two memberships, as they seem to allow only one name. Haven't heard back from them in 8 weeks. I'd be very grateful if you could shed some some light on this.
Regards
Shashi.

Whether I would ask you for help would depend on price, of course, but what I was expecting from the NLA was at least a generic privacy notice and some advice but it's been totally ignored until this webinar. The GDPR is a pain in the proverbial and any help aimed specifically at landlords would be really appreciated, depending on cost, as I say. The guidance about the GDPR on urban.co.uk is helpful as a starter.

This is so frustrating, I cannot find the National Landlords Association GDPR privacy notice anywhere on their website to download and my cursor bar does not line up in the boxes provided for membership number and passcode 😡

NLA Privacy Notice template referenced at recent local meeting and again during web-feed. I can't find it. Please publish hyprlink.

I totally echo Paul Phillipson's comments above. It is very disappointing that our national body has not been able to produce the relevant guidance and template materials in a more timely fashion. Please Meurig, would you ensure these templates are given high priority. Thank you.

Very disappointed that NLA appears to be lagging behind in this important area. I thought this is what our fees were for. Perhaps I need to look to an alternative support organisation.

I have the same concerns as others. I do feel the training library should have been updated. Guidance should have been more proactive and yes templates. The end of the month is quite late. I look forward to receiving an email and update on this thread. Thank you Meurig.

I listened to the GDPR Webinar with Chris and Polly and noted the comment that the NLA website included guidance on GDPR together with lots of information...... I find none with under 6 weeks to go until 25th May !! Come on NLA , the RLA are putting you to shame. Can I request that along with the Privacy Policy you include a pro-forma letter of consent. Thank You

Can anyone tell me the difference between a 'privacy notice' and a 'privacy policy'. They seem to be used interchangeably. Confusing! I did ask this question when I contacted the NLA but did not get an answer to this particular question. Thank you.

Same from me - Can't find any guidance on GDPR on the website. I agree with previous comments that a pro forma letter of consent would be useful as well as the privacy policy and advice on the difference between a 'privacy notice' and a 'privacy policy'. Thank you.

+1 on the "where are the documents" !
Just istened to the recording of the webinar, though through work I already had a fair idea what's required.
As I understand it, a privacy policy is your internal "rule book" on how you handle and process information. A privacy notice is how you communicate that to the data subjects. The key points will be the same - but the details, and ways things are described, are likely to be different.

Ah, should have added that for simple ones like most of us are likely to have, they can probably be the same document - so no difference.

I have another question ...
Went to ICO website to register, but am not sure what type of organisation to enter. I transferred 50% equity in my properties to my wife, so the two of us are landlords - but I was under the impression that this was not considered a "partnership" by HMRC, just joint traders. Should I be registering a partnership for the purposes of the ICO ?

We've been told by our accountant that you would have to registered as a Partnership to qualify to be a Partnership in the legal sense of the word, not just owning properties 50/50. Apparently, it's a SA800 form which is a formal partnership return AND a formal partnership agreement AND bank account needed. Therefore, as far as I understand it, you are not a partnership...although this is just a layperson's view...perhaps rind the ICO for more clarification...as I'll be doing too! :-)

I attended recent GDPR webinar which was very useful. But cannot find NLA Privacy Notice template mentioned in that webinar. It will be very helpful if NLA posts that template OR at least post some sort of communication on when are they planning to upload. I am not sure pin drop silence with tens of posts going around here should be ignored by NLA.

There is a Data Protection section holding two tenant consent clauses within the NLA approved tenancy agreement we used in 2014. With GDPR will these still be valid or no longer valid?

Hi Ozzy
Yes that is the question I would like answered as well??
I have done a lot of research and am still confused??
In my case I have AST downloaded from here (NLA) (2017) and have registered with ICO , do these existing AST,s section 8 ? From memory ?? cover me?
Thanks

I'm grateful to the NLA for its briefing of today but despair at the increasing weight of European bureaucracy as I fill in today's fair processing notice, think through its data storage provisions and prepare to register with the ICO for "only £40". I broke for lunch, turned the TV on and watched Aljazeera's excellent documentary "Up to the Last Drop: The Secret Water War in Europe", https://www.aljazeera.com/programmes/specialseries/2018/04/drop-secret-…. I came back to the form and found myself wondering if the zeitgeist that gave us the Tower of Babel, WW1, WW2, Federalism and the "College of Commissioners" is one and the same - God help us.

Are NLA going to publish the GDPR templates, or do I need to look elsewhere ? Very unhappy with NLA's lack of support for such a critical issue ! Not sure what my subscription has actually paid for !!

Agreed.

RLA have published a template, but if I use it, it remains property of RLA and I will need to remain a member to get any updates. I wasn't planning to renew RLA membership, I only joined them on a half price offer last year, but have been in NLA for at least 7 years. Might have to rethink!

I need help!
I have tried to register with the ICO but have found some difficulty with the questions.
I wonder if any one can help?.
I tried ringing the ICO helpline but after 45 mins gave up, tried NLA helpline next which was of absolutely no use, so am asking other landlords for their advice.
The ICO registration form asks

1. What sort of organization we are. Is this a partnership if owned by husband and wife?. This would seem the obvious answer.
2. What do we put under 'Nature of Work' as I can not find landlord listed.This seems to be important when it comes to answering the later question of 'Does the above cover all your processing of personal data'.
3. Later it asks a question about 'Relevant people in place of work have been trained in how to handle personal data'.
I am finding this whole process frustrating as there seems very little help and guidance on how to implement it, from any quarter.
This whole process seems aimed at larger businesses and corporations which has been inflicted on us.

Another question I have, which was not answered by the NLA helpline is about the 'Model Fair Processing Notice' published on the NLA website. Is this meant to be the required 'Privacy Notice' which we send to tenants?
Any help from fellow landlords would be very much appreciated.

Hello 161260

I think,

1. Partnership - Government definition is where you and your partner personally share responsibility for your business. I would agree that this would be right for you. A Sole Trader would be if it was just you.
2. Nature of work - I put other.
3. I put myself. I have watched the webinar (!), read the information on ICO website, various other articles on the internet.

The Model Fair Processing Notice is the same as the Privacy Notice just a different name.

If I am wrong in the above, then please someone point it out to me. We are all learning.

Hi Mana,

So I have edited the MFP Notice, done an accompanying letter for tenants to sign saying they have recieved the Notice. Written this in our Proceadure book. Does this account for the Privacy notice and policy being covered.

Hi 165247,

Yes that sounds good. Have you registered with ICO now too? I have also cobbled together a policy as separate to the MFP Notice. It may be right or wrong but I thought as long as I have something that shows some thought process regarding being GDPR compliant. I've taken information from the MFP Notice and also put in how I have and will continue to audit data for each tenancy I keep. I took it from the landlords.org website where the MFP Notice comes from. There is a first 4 steps guide to GDPR compliance. Step 4 I have included in my policy. If anyone then asks to see my policy at least I have one! It will do until I see a template for a better one!

I guess a policy is for internal use to state how you or employees will manage personal data while a notice is external ie for tenants, customers etc.

As I said before I don't know if any of this is right but to me it makes some sort of sense. It will all be ok, I am sure!

Hi Mana & 161260.
1 Partnership is absolutely correct.
2. Nature of work is Property Management
From the 25 May the register under GDPR won't actually have "nature of work as a requirement.It may still be there but not mandatory.
Hope that helps?

WOW how confusing is this going to get, I am afraid I have to agree that the NLA have not exactly been very helpfull with advice.
I have also heard that if work is given to a workman we have to make sure they are also registered or we can't use them anymore. Is this correct?
ICO actually fell asleep waiting for them to answer. The questions asked for registering do not even have landlord,
I have started to fill it in twice and give up to try and find the correct information and what I need to put.
It is getting more and more frustrating, but I take heart in the fact it is not just Landlords that are not understanding this.
FRUSTRATED

Hi Don't know if you have resolved this but the answer to your question "The questions asked for registering do not even have landlord,
I have started to fill it in twice and give up to try and find the correct information and what I need to put?"
Is nature of work is "property management"
Hope this helps.

Can somebody please help me and tell me how i find the Model Fair Processing notice before i pull all my hair out. Thank you in anticipation.

hello 175958,

If you go to all documents it is just before you get to the tenancy agreements. There are a few things to download now.
A LANDLORD GUID GDPR
FIRST STEPS TP GDPR COMPLIANCE
GDPR FAQ
MODEL PRIVACY NOTICE
MODEL PROCESS NOTICE.
Hope this helps.

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