In 2013 the SRA found that Law Firms were not undertaking sufficient levels of due diligence when outsourcing data processing and storage to external providers. The recent guidance issued by the SRA suggests that concerns in this area are still rife.
Last month’s guidance makes efforts to address a number of issues that have surfaced relating to third parties having access to client information. This is a particular issue for firms using outsourced professional services for business management processes, such as financial advice and language services that are used across different jurisdictions.
It seems that the SRA’s concerns are not unfounded. Recent surveys suggest that UK Law Firms may not be best equipped to put their clients’ minds at rest when it comes to Data Protection and Security. At present it is reported that 50% of UK Law Firms use Open Email Services to transfer Confidential Information.
Where firms outsource services, they should be considering the arrangements they have in place to ensure adequate protection of their Clients’ Confidential Information. This Duty of Care goes far beyond the signing of a simple NDA with a provider. So here are 10 Core Questions to ask yourself when outsourcing:
1. Does the outsourcer regularly handle sensitive material?
2. What technology and processes do they have in place to protect your information in storage and in transit?
3. Do they have a strong track record in securing confidential information?
4. Do they comply with all regulations under the Data Protection Act 1998?
5. Are they registered with the Information Commissioner’s Office?
6. Do they share your respect for Reputation?
7. Are your interests aligned?
8. Will they allow you to behave in a way that maintains the trust the public places in you and in the provision of legal services?
9. Will you be acting in the best interests of your client?
10. Are they worth risking a large Monetary Penalty?
At Ubiqus, we put your mind at ease when it comes to the processing of confidential translation because Confidentiality sits at the Heart of our Formation.