Handling employee data under new data protection laws

By Lancashire Business View

13 Mar 2018

By David Edwards, senior associate, regulatory and compliance, Harrison Drury.

From the 25 May 2018, The General Data Protection Regulation and what will become the new Data Protection Act 2018, will form the UK’s new data protection framework.

Where consent is relied upon as a ground for the lawful processing of personal data, data controllers should be able to demonstrate that consent was given by the data subject, ie the employee.

Employers seeking to rely on consent as the lawful justification for processing confidential personal employee data must satisfy the following: Consent must be specific and informed Employees must have the right to withdraw consent Consent must be freely given Consent must be unambiguous and take the form of an affirmative action or statement For certain types of personal data processing, the consent must be explicit Privacy notices for employees

The GDPR requires employers to notify its data subjects about their personal data handling practices through a privacy notice. Employers should have a proactive approach to data processing.

Privacy notices are designed to sufficiently inform data subjects about how their employer collects, uses, stores, transfers and secures personal data.

Privacy notices can also seek to act as an education piece for employees. They advise employees about what will be done with their personal data and why – something which hasn’t always been a concept thoroughly considered by some employers.

Just like policies and procedures, privacy notices must be fit for purpose. Vague notices are of little assistance, and in actual fact, could encourage a sense of concern amongst employees if they are not sure as to what is being done with their personal data.

Whilst operating in the capacity of an employer, consider – why do we do what we do with personal data? Can you sufficiently justify why? Best practice approaches

Employers should begin to give sufficient consideration to how they obtain their employee’s consent, taking into account the following; Treat the consent to process personal data separate to other permissions The employer seeks separate consent for each personal data processing activity The employee consents freely Employees must know of their right to withdraw consent The organisation satisfies other information notice requirements The employer can demonstrate that it obtained valid consent

Whilst the government has advised that the new Data Protection Act 2018 will set out a number of exemptions from GDPR, employers should now be getting themselves familiar with the relevant provisions of the GDPR. In any event, employers should be well underway in terms of identifying what steps need to be taken with a view to becoming compliant with the GDPR.

Latest news

1

Red Rose Awards winners gather to celebrate Lancashire business Red Rose Awards Winners Reception

Red Rose Awards winners gather to celebrate Lancashire business

21 May 2026

2

Funding boost set to strengthen construction training pipeline isa O’Loughlin, principal and chief executive of East Lancashire Learning Group

Funding boost set to strengthen construction training pipeline

21 May 2026

3

Victorian Plumbing feeling flush after announcing record performance Victorian Plumbing staff

Victorian Plumbing feeling flush after announcing record performance

19 May 2026

4

GCAP ‘set for £6bn funding boost’ Tempest new

GCAP ‘set for £6bn funding boost’

19 May 2026

5

Anti-drone weapon tested in Lancashire is deployed on Middle East Operations BAE Systems tests

Anti-drone weapon tested in Lancashire is deployed on Middle East Operations

19 May 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

Building a high-performance culture
business workshop.png.png
LBV Hub Seminars
03 Jun 2026

Building a high-performance culture

Media Factory, University of Lancashire, Preston, PR1 2HE

09:30 - 11:30

Chamber Breakfast Networking – June
LBV Hub Networking
03 Jun 2026

Chamber Breakfast Networking – June

Pye Motors, Morecambe, LA3 3PE

08:00 - 10:00

Society1 Breakfast Social and Coworking Day
Breakfast Social June Facebook.png.png
LBV Hub Networking
04 Jun 2026

Society1 Breakfast Social and Coworking Day

Society1 Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Yellow Day 2026
LBV Hub Fundraisers
07 Jun 2026

Yellow Day 2026

St Catherine's Hospice, Preston, pr55xu

11:00 - 16:00

Opening doors and opportunity for Tech in Preston
PTC Square June (900 x 900 px)-2.png.png
LBV Hub Networking
09 Jun 2026

Opening doors and opportunity for Tech in Preston

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Clubhouse Business Network sponsored by Orca Finance - June 2026
Padel Network.png.png
LBV Hub Networking
11 Jun 2026

Clubhouse Business Network sponsored by Orca Finance - June 2026

Clubhouse , Blackburn, BB1 3NT

14:00 - 16:00

The Business Network Central and East Lancashire
LBV Header (33).png.png
LBV Hub Networking
18 Jun 2026

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin