Compliance and Guidance

General Data Protection Regulation

By upholding professional values and its extensive membership due diligence capability the Association of British Investigators has always been the preferred choice for the varied commercial and domestic clients, as is evident in its recognition and accreditation. However, recent developments in data protection raises two very compelling reasons why every professional client needs to pay closer attention to how and with who it interacts when outsourcing confidential instructions of an investigative or litigation support nature:

First, the General Data Protection Regulation 2016 and its application into UK law in The Data Protection Act 2018 imposes a number of obligations on data controllers and processors, roles clearly identified in the relationship between a consumer of investigative services and the chosen agent. Among the responsibilities is the requirement to check that the processor is competent to process the personal data in accordance with all the requirements of the GDPR. The assessment should take into account the nature of the processing and the risks to the data subjects. This is because Article 28.1 says that the controller must only use a processor that can provide 'sufficient guarantees' in terms of its resources and expertise, to implement technical and organisational measures to comply with the GDPR and protect the rights of data subjects.
Secondly, the GDPR envisages that adherence by a processor to an approved code of conduct or certification scheme may be used to help controllers demonstrate that they have chosen a suitable processor.

There is no greater method for a data controller (the client) to demonstrate compliance with the above than by insisting the preferred choice for investigative services be selected from the ABI membership.

With its Code of Ethics & Professional Standards, recognised and adopted by British Standards Institution in its Code of Practice for the Provision of Investigative Services (BS102000), the ABI is the benchmark of professionalism in the sector.

Endorsed by the Law Society

The ABI is the only association in this industry to be endorsed by the Law Society of England and Wales, and included in the Law Society of Scotland's approved Supplier Scheme.

The highest independent professional bodies for solicitors put their trust in us. We’re confident you can do the same.

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