Are You Compliant?
As the legislative landscape continually shifts it can be confusing and difficult to understand whether you are legally compliant. To make it easier, we have put together short summaries of the key acts and directives for you.
The Data Protection Act 1998
The Data Protection Act 1998 places a legal responsibility on your company to ensure that steps are taken to safeguard information when it is gathered, stored, shared, maintained and disposed of when it is no longer required. The legislation covers all personal data including paper and computer records, CDs and disks, from which a living person can be identified.
Failure to comply with the Data Protection Act 1998 could result in your company being fined
up to £5000 – the majority of companies prosecuted by the Data Protection Registrar are found guilty.
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Identity Theft and Fraud
According to the Home Office Identity Theft & Fraud costs the UK economy £1.7 billion each year. It is the UK's fastest-growing white-collar crime, threatening the credit ratings and reputations of thousands of businesses. Secure document destruction is therefore a necessity.
Fraudsters are able to use information found on your letter heads, invoices, and signatures on letters to change your registered address, appoint new directors at Companies House, open bank accounts in the ‘new’ director’s name and arrange to have goods delivered to their ‘new’ address.’
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The WEEE Directive 2007
The European Waste Electrical and Electronic Equipment Directive was introduced in January 2007 and covers the collection, recycling and recovery of all electrical and electronic products.
The directive aims to minimise the impact of electrical and electronic goods on our environment, by increasing re-use and recycling to ultimately reduce the amount of WEEE going to landfill sites.
Your company could face prosecution and fines if it fails to dispose of redundant electrical and electronic equipment in line with the directive.
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The EU Landfill Directive
The EU Landfill Directive was first introduced in 2002 with the aim of reducing the negative effects of and reliance on landfill sites. The landfill tax has risen each year and is expected to double to £48 per tonne by 2010.
The directive places a legal duty on waste producers to ensure that only pre-treated waste can be sent to landfills. Segregation is the most common treatment, which involves separating recyclable materials. Your company is legally required to ensure that a ‘reasonable amount’ of your waste is sent for recovery or recycling.
Failure to keep records on the treatment and disposal of your company’s records can lead to prosecution and fines.
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The Environmental Protection Act 1990
The Environmental Protection Act 1990 places a duty on all businesses that produce waste to manage it properly and ‘duty of care’ is placed on all those involved in the collection, disposal or treatment of your company’s controlled waste.
You must suitably store your waste in suitable containers and ensure that the person removing your waste is either a local council, registered carrier or holds a licence to dispose of waste.
Each transfer of waste must be documented in a waste transfer note, which must be kept for a minimum of two years.
Compliance failure may lead to your company being prosecuted and a fixed penalty fine.
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Hazardous Waste Regulations 2005
The Hazardous Waste Regulations 2005 have changed how waste is classified, reported and disposed of with over 200 additional types of waste being reclassified as hazardous. The legislation is strengthened by the Landfill Directive and ensures that hazardous and nonhazardous waste is segregated and composed of in line with the legislation.
Failure to comply leads to fixed penalty fines up to £300.
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Russell Richardson offer security and protection for over thirty years to our customers. Our services are value for money and mean minimal impact to your business and are flexible to suit your needs. We cater for industrial shredding, confidential shredding, document shredding, mobile on site paper shredding, security shredding, and paper shredding services.