By Katarzyna Szulc
Is Your Company Compliant with GDPR Standards for Employment Law?
GDPR compliance for employment law is crucial. Ensure your company adheres to the latest standards to protect personal data and avoid legal pitfalls.
Overview of Personal Data
The GDPR sets specific retention periods for personal data collected for defined purposes. Regular reviews and adjustments are essential to mitigate risks.
Key Areas for Review
- Company Social Benefits Fund Documents
- Polish regulations require annual reviews of personal data.
- Verify the necessity of retaining data to grant support from the Fund’s resources.
- CVs and Candidate Database
- Ensure personal data is deleted immediately after the retention period.
- Verify that all CVs have appropriate consents for future recruitment.
- Monitoring Recordings
- Includes video, network usage, emails, phone calls, and GPS records.
- Retain data for a maximum of three months, solely for the original purpose.
- Employee Records
- Collect only data relevant to the purpose.
- Regular reviews ensure compliance with data minimisation and transparency principles.
Information on Monitoring
Transparency and clarity in informing employees about monitoring practices are essential for GDPR compliance.
- Inform employees individually about monitoring rules before they start work.
- Tailor messages to specific groups based on the types of monitoring they will experience (e.g., permanent vs. incidental observation).
Employee Training: A Key Element of Data Processing
Ongoing employee training is vital for proper data processing.
- Ensure all team members have attended data security training in the past year, tailored to their job roles.
- Organise practical training sessions to update knowledge, considering the organisation’s specifics and current technological risks.
Review of Information Clauses and Authorisations
Regular updates to all information clauses and data processing authorisations are necessary for GDPR compliance.
Information Clauses:
- Must include details on all processing purposes.
- Specify entities to which data may be transferred.
- Address new tools involving data transfer outside the EEA or profiling.
Data Processing Authorisations:
- Verify each individual has up-to-date authorisation for their position and tasks.
- Update authorisations as necessary, especially with role changes or new practices.
- Ensure the scope of data access matches the authorisation and is not excessively broad, especially for sensitive data.
In Summary
Maintaining GDPR compliance in employment law requires regular reviews, transparency, and thorough training. By following these best practices, your company can safeguard employees’ data privacy rights and effectively manage personal data.
360 Business Law can assist your company in achieving GDPR compliance by providing expert legal advice tailored to your specific needs. Our team conducts thorough compliance audits, develops and reviews data retention policies, and ensures that all personal data handling practices align with GDPR standards. With our guidance, you can confidently manage personal data, mitigate risks, and avoid legal pitfalls.