As a processor of personal data you must comply with the General Data Protection Regulations 2016 or other successor legislation. You can read more about how this applies to you on the Information Commissioners website.

Data sharing for Peer review

The Information Commissioner recommends putting in place Data Sharing Agreements with any third parties who you share data with or who process data on your behalf.

A Data Sharing Agreement should be agreed and signed by all relevant parties and should state why sharing is necessary and what conditions are in place to make it lawful.

A Data Sharing Agreement is considered best practice as it makes each party consider all legal implications including the seven Data Protection Principles. In addition to the General Data Protection Regulations you should also consider any statutory prohibitions on sharing, copyright restrictions or a duty of confidence that may affect your ability to share personal data.

Other specific benefits to having a written agreement in place include:

  • Minimised risk of breaking the law and consequent enforcement action by the ICO or other regulators.
  • Better public trust by ensuring that legally required safeguards are in place and complied with.
  • Better protection for individuals when their data is shared.
  • Greater trust and a better relationship with the people whose information you want to share.
  • Reduced reputational risk caused by the inappropriate or insecure sharing of personal data.

For further information on how we will be managing data during the accreditation process please read our privacy notice.

When your agency applies for accreditation you will be sharing data about your agency with us. You must therefore sign a data sharing agreement and send a copy to us. When your organisation applies for peer review we will discuss with you the data sharing agreements (DSA) required between your organisation, us and the peer reviewer.

Sharing information with us via NextCloud

If your agency chooses to share its information and/or case files with us via NextCloud you must complete and sign the correct Data Sharing Agreements.

Peer review

  • Data Sharing Agreement for Type II and/or Type III agencies – If you are going through peer review this is the Agreement you must sign.

Audit and accreditation

  • Data Sharing Agreement: Scottish National Standards for Information & Advice Providers (Type I Advice Agencies or Type II/III post-Peer Review Advice Agencies). If you are a Type I organisation or a Type II/III organisation and have completed the Peer Review process and obtained our required compliance score, this is the agreement you must sign to progress through the Audit and Accreditation process.

Sharing information via remote access to your case management system

If your case management system and internal policies allow it, you can share your data by granting the peer reviewers and the Auditor remote access.

If you use AdvicePro you can provide the peer reviewer with remote access to your Case Management System. It will be your responsibility to set up an account for the peer reviewer and to isolate the case files to be reviewed. Paula Beaton at AdviceUK can support you with this process.

We can possibly allow our reviewers remote access for other case management systems depending on the technical requirements and whether we have the resource in the peer review process to undertake this.

If you have a system accessible by remote access and you’d like to find out if it’s possible for our peer reviewers to access your case management system remotely please email and provide the following information:

  • Outline of the case management system
  • Whether you have to have special software or add ons to access our system remotely
  • What browsers can access the system
  • Which formats the documents attached to the system are inand briefly how it works
  • What support your organisation can provide as it would be up to your organisation to provide the IT support as it is your system.

By choosing to share information via remote access to your case management system you will remain the data controller of the information provided to the peer reviewer and we will not have any responsibility for the shared information in terms of Data Sharing Legislation. You may therefore wish to enter into a Data Sharing Agreement between you and the Peer Reviewer. We have created a template Data Sharing Agreement for this purpose which agencies are free to use, however you should seek your own legal advice.

Please note that this guidance does not constitute legal advice and you are advised to seek your own independent legal advice in relation to your organisation’s obligations under data protection legislation.