
Data protection and higher education
As data controllers, universities are responsible for the personal data they hold on staff, students and third parties, and the way that data is processed.
The effective use of data is being seen and used as a business-critical asset by higher education institutions (HEIs). However, the regulatory landscape is also highly complex. A data breach can have a devastating effect on a university with the prospect of significant fines being imposed by the Information Commissioners Office (ICO), payment of compensation to affected data subjects, reputational damage and criminal prosecutions.
Our team of highly experienced data protection and information law experts has the in-depth knowledge and experience to help universities utilise data to support their business objectives as well as assisting them in remaining fully compliant at all times and supporting them in the event of a data breach or other misuse of private or confidential information.
What we offer
We advise on the full spectrum of information law issues including:
- Drafting and reviewing UK GDPR compliant contracts, service agreements, licensing agreements, privacy policies and notices, data processing agreements, and cookie notices
- Ensuring responses to Freedom of Information (FOI) requests comply with current information law
- Advising on data subject rights requests including subject access requests
- Data transfers across borders
- Advising on data breaches and unlawful uses of personal information including breach of confidence
- Advising on cyber security including dealing with ransomware and other attacks
- Dealing with complaints to, and investigations by the ICO and Office for Students
- Advising on reputational management
- Carrying out data protection audits
- Carrying out internal investigations
- Bespoke training on information law
Why choose Browne Jacobson?
With bases in London, Birmingham, Manchester, Exeter, Dublin and our founding city of Nottingham, and links across the globe, we’re a national law firm with international reach. You’ll be able to access subject-specialist, leading lawyers who will draw upon their expertise of high-profile cases to advise you. Our experts in the higher education sector work closely with colleagues in the information law team to provide seamless assistance to institutions as needed.
Featured experience
A higher education institute
Assisted a HEI in defending an appeal in the First Tier Tribunal against the refusal of a FOI request relating to its testing processes and bringing a cross-appeal in relation to the disclosure ordered by the Information Commissioner.
A higher education institute
Assisted a HEI in relation to breach of confidence proceedings against a student who wrongfully accessed personal data of other students and refused to return or delete it.
A higher education institute
Successfully defended a HEI against a data breach claim arising from its disclosure of information about a student to the Office for Students.
Key contacts

Dai Durbridge
Partner
Testimonials
"While the team have detailed knowledge of the education sector, they consistently take a pragmatic approach that supports the clients understanding and ensures decisions are meaningful. They understand the requirements to such an extent that options, and recommendations, are clear and timely."
"[Ros] is incredibly thorough, detailed, pragmatic and a pleasure to deal with."
"They are very reliable and provide us with reassuring advice."
"They care about this area of work and seem to really enjoy doing it."
You may be interested in...
On-Demand
The Subsidy Control Act 2022. Putting the new regime into practice
Opinion
Consultation on holiday entitlement – part-year and irregular workers
Guide
FAQs - becoming an academy sponsor
Legal Update
The importance of understanding the transitional provisions under the Electronic Communications Code
Legal Update
Biodiversity Net Gain: positive for nature and an opportunity for landowners
Legal Update
Discrimination comes of age
Press Release
Law firm picks up record breaking sixth Education Investor Award
Browne Jacobson’s education team has been named as winner of the ‘Legal Advisors to Education Institutions’ category at the Education Investor Awards 2022 for a record sixth time.
Press Release
Thousands take part in virtual careers event to help increase diversity in the legal profession
Over 3000 young people from across the UK and Ireland took part in a virtual legal careers insight event, aimed at making the legal profession more diverse.
Press Release
Education team maintains clean sweep of top rankings in latest legal directories
Browne Jacobson’s education team has again been confirmed as a national powerhouse after securing five Tier 1 rankings relating to Education in the latest edition of Legal 500 and maintaining a Band 1 UK-wide ranking for Education in Chambers & Partners UK 2023.
Legal Update
be connected newsletter for higher education - Autumn 2022
Press Release
Browne Jacobson and The University of Nottingham announce Knowledge Transfer Partnership to promote greater equality, diversity and inclusion in the legal sector and beyond
Law firm Browne Jacobson and the University of Nottingham are launching a ground-breaking two and a half year Knowledge Transfer Partnership which aims to develop and embed long-lasting equality, diversity and inclusion (EDI) principles and learnings into the firm’s practices and processes, amongst its key client-bases and the national legal sector.
Legal Update
Authorship disputes and employment claims
In an academic environment, there can be pressures to publish, particularly where funding is dependent upon research and reputation. Whilst there can be competition between Higher Education establishments to be the first to publish, there can also be internal conflicts over authorship rights where several individuals have contributed to the work.
Legal Update
Subsidy Control Act 2022: economic queries
In July, the long-awaited statutory guidance on the Subsidy Control Act 2022 (Act) was published in draft form (Draft Guidance). A consultation on the draft guidance has recently ended and the results have not yet been published – it may therefore change before the final version is published.
Legal Update
Changes to holiday pay for part-year workers
In July 2022, the Supreme Court handed down its long-awaited Judgement in the case of Harpur Trust v Brazel relating to the correct calculation of statutory holiday pay for part year workers. This decision has implications for all part year workers on contracts which subsist all year round, whether their hours are normal or irregular.
Legal Update
Facing the threat of cyber security breaches
Universities and colleges are not immune from deception by unscrupulous bad actors. The extent to which educational institutions can manage and control risk not only depends on financial management and internal controls, but also the robustness of security and processes which can be exploited from outside the organisation.
Opinion
Internal reports and privilege
In University of Dundee v Chakraborty, the Employment Appeal Tribunal (EAT) considered whether a first draft of a grievance report could retrospectively be deemed to be privileged.
Legal Update
Data reform in the UK
Since the UK left the EU and are now able to move away from the EU data protection regime, the UK government have implemented a national data strategy with the aim of reducing the burden on organisations but maintaining a high data protection standard.
Legal Update
What opportunities do the REF 2021 results offer universities?
The long-awaited publication of the Research Excellence Framework (REF) 2021 provides universities with opportunities to generate additional income and build upon the quality of their research output.
Legal Update
be connected newsletter for higher education - May 2022
In this edition we provide you with the latest in legal updates, news and insight from the higher education sector.
Legal Update
Harassment and sexual misconduct in Higher Education
Cases involving the handling allegations of harassment and sexual misconduct by Universities continues to hit the news. They are clearly difficult issues for Universities given the competing duties owed to both the reporting individual and the alleged perpetrator and the inevitable sensitivities around the nature of these matters.
Legal Update
ICO consultation on research provisions guidance
The data protection legislation (namely, the UK GDPR and Data Protection Act 2018) contain various provisions that deal with the processing of personal data for research purposes.
Press Release
Browne Jacobson’s C-suite exec level coaching team appoints two new education specialists
National law firm Browne Jacobson has grown its team behind its dedicated Space + Time executive coaching programme with the addition of two more qualified coaches who will work with clients in the education sector.
Legal Update
be connected newsletter for higher education - February 2022
In this edition we provide you with the latest in legal updates, news and insight from the higher education sector.
Legal Update
Digitising the student experience in higher education: Some practical tips for procurement
Five considerations for HEIs when undertaking an IT procurement for largely “off the shelf” small-scale student-facing applications for online teaching, knowledge stores and document repositories etc.
Legal Update
How will HSE’s focus on occupational health affect UK HE institutions?
What does the HSE's decision to prioritise occupational health inspection & enforcement activities mean for higher education institutions?
Published Article
Implications of the amended public procurement thresholds
To continue to meet legal obligations, higher education institutions must consider threshold figure changes in the Cabinet Office review.
Published Article
Fire safety in the higher education sector: looking back and looking forward
Fire safety regulation is undergoing a period of evolution, with many new & far-reaching fire safety developments having significant implications for those responsible for educational premises.
Legal Update
National Security and Investment Act: key points you need to know
The new regime is of direct relevance to the Higher Education Institutions (HEIs) which work within many of the areas covered by the Act.
Opinion
Asbestos: Still the UK’s number one occupational killer
A ResPublica report highlighted that asbestos continues to be the UK’s number one occupational killer, with nurses and teachers 3 to 5 times more likely to develop mesothelioma than the general UK population. The House of Commons Work & Pensions Select Committee is investigating how the HSE manages the continued presence of asbestos in buildings.
Legal Update
be connected newsletter for higher education - November 2021
In this edition we provide you with the latest in legal updates, news and insight from the higher education sector.
Legal Update
Supporting disabled applicants to higher or degree apprenticeships
Our top tips for Higher Education Institutions supporting disabled students on higher or degree apprenticeships.
Legal Update
Digital transformation in higher education: things to consider
What does digital transformation (DT) mean to you? Because as it turns out, it means different things depending on who you ask.
Legal Update
Quashing the rebellion – or inciting it?
Following the defeat of the Government in respect of the prorogation case in 2019, the Government commissioned an Independent Review of Administrative Law in 2020.
Legal Update
The DfE’s draft education and sustainability strategy: for higher education institutions
We consider each of the ‘action areas’ of the draft strategy & what it might mean for higher education.
Guide
MAT mergers - a guide for academy trust leaders and trustees
A joint guidance paper written in collaboration between Browne Jacobson and the National Governance Association (NGA) on academy mergers within the education sector has been released today.
Press Release
Browne Jacobson hosts UK’s largest virtual legal careers event to boost access to careers in law
Tomorrow, (Wednesday 27th October), national law firm Browne Jacobson will host its second FAIRE: virtual work experience and legal careers insight event, in partnership with Young Professionals.
Press Release
Browne Jacobson education practice achieves six top tier positions in Legal 500 and Chambers rankings
Browne Jacobson’s education team has been confirmed as a national powerhouse after securing five Tier 1 rankings in the latest edition of Legal 500 for the very first time, and maintaining its Band 1 UK-wide ranking for Education (Institutions – Schools) in Chambers & Partners UK 2022.
Published Article
Women in knowledge exchange and spinouts
Women may have broken down many professional and personal barriers, but significant gender disparity remains in the research and development community.
Opinion
Be wary of events post-dating the presentation of an Employment Tribunal claim
In Sakyi-Opare v Albert Kennedy Trust, the EAT held that an Employment Tribunal erred in deciding a claim was out of time because it did not first consider the claimant’s application to amend her claim, which included events that post-dated her claim.
Opinion
A level results: what this means for schools and higher education?
This year’s A Level results have been a resounding success and demonstrate the commitment and resilience of students, schools and school staff during these unprecedented times. However, there will inevitably be some students who are disappointed with the teacher assessed grade.