Time to look at your HR policies

By Kimberley Barrett-St Vall, employment and HR partner at Napthens Solicitors.

The EU’s General Data Protection Regulations will make changes to the Data Protection Act 1998. Breaching the GDPR can have significant fines of up to €20m euros or 4 per cent of the global turnover.

Businesses will benefit from adopting a holistic approach to GDPR compliance across their entire organisation, factoring in IT systems, cyber security, marketing as well as HR and employment law issues.

In this article I’m taking a closer look at the part HR will have to play in GDPR compliance:

Recruitment

Your business will be under an obligation under the GDPR to provide greater detail to candidates setting out:
  • details of the data controller
  • the category of data being processed
  • the legal basis of processing
  • the recipient
  • the processor’s details
  • if the data is to be transferred outside the EEA
  • the consequences on the employee of not providing the information on the contract
If as part of your recruitment process your business uses any form of profiling, candidates must be made aware of this and its consequences.

Employers should only collect the minimum amount of information for a specific purpose and ensure the data is stored for no longer than necessary. Access should be restricted in consideration of what is necessary.

Processing Employee Data

It is common practice for employers to use the employee’s consent as the basis of processing personal data. Even prior to the GDPR this approach was criticised, as it is questionable whether consent can be given “freely in an informed fashion and specific and explicit”, given it is often conditional on the offer of employment.

Going forward you should rely on the legal basis for processing employee personal data. Businesses must ensure processing is based on one of the following:
  1. for compliance of a legal obligation e.g. payroll processing data to ensure the employee is paid
  2. for the performance of a contract e.g. processing data in the context of healthcare insurance provision
  3. based on a legitimate interest of the employer (or third party processor)
Data Subject Access Request

Post May 2018 there will be no fee to pay if employees make a data subject access request and requests must be dealt with in 30 days (currently 40). There is likely to be an increase in requests and it is important you understand how to handle these requests efficiently. The GDPR is clear - it requires employers to demonstrate compliance. I suggest this involves more than a tickbox exercise and rather a change in culture with a commitment to embrace the GDPR. Given your Data Protection Officer cannot be everywhere at all times, cascading understanding and awareness through new policies and procedures and support through training for your employees will be vital.

Enjoyed this? Read more from Lancashire Business View

Latest news

1

New plan to establish film and TV production hub in Blackburn Blackburn Film Production

New plan to establish film and TV production hub in Blackburn

06 Sep 2024

2

Cancer charity donates £250,000 diagnostic machine to hospital Labels For Cares Endosonographysystem

Cancer charity donates £250,000 diagnostic machine to hospital

06 Sep 2024

3

LARS sets industry benchmark with range of accreditations 086a.jpg.jpg

LARS sets industry benchmark with range of accreditations

06 Sep 2024

4

Approval granted for construction of care village in Ramsbottom Millennium Care Porritt Care Home

Approval granted for construction of care village in Ramsbottom

06 Sep 2024

5

CHEC Preston celebrates National Eye Health Week CHEC Preston invites local communities to celebrate National Eye Health Week at Eye Health Fair 1.jpg.jpg

CHEC Preston celebrates National Eye Health Week

06 Sep 2024

Bec Email Signature 980x120
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
Lancashire Built Environment Conference
BEC 315 X 315 Px
Networking
25 Sep 2024

Lancashire Built Environment Conference

Conference and Exhibition Centre, Winter Gardens Blackpool, FY1 1HL

08:30 - 13:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
11 Jun 2024 - 04 Dec 2024

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 16:30

Skills Bootcamp in Procurement - Cohort 1
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Seminars
30 Jul 2024 - 08 Oct 2024

Skills Bootcamp in Procurement - Cohort 1

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

Let's Talk About Innovation
Let’s talk about innnovation. in Preston. (1).png.png
LBV Hub Seminars
09 Sep 2024

Let's Talk About Innovation

society1 Coworking Space, Preston, PR1 3LT

10:00 - 17:00

What is equity Investment?
https___cdn.evbuc_.com_images_825863699_932949186573_1_original.jpeg.jpg
LBV Hub Seminars
09 Sep 2024

What is equity Investment?

Society1 Coworking Space, Preston, PR1 3LT

12:15 - 13:00

KISS Your Life - Live
live event sept 10th .png.png
LBV Hub Seminars
10 Sep 2024

KISS Your Life - Live

Waterloo music Bar , Blackpool, FY4 2AF

19:30 - 22:00

Artificial Inspiration: AI and the Creative Process
LiveWorkCreate Sept.png.png
LBV Hub Seminars
11 Sep 2024 - 11 Sep 2024

Artificial Inspiration: AI and the Creative Process

Society1 Coworking, Preston, PR1 3LT

18:00 - 20:30

30 Minutes: Net Zero Introduction for Blackpool Businesses
BU AUGUST_6.jpg.jpg
LBV Hub Webinar
11 Sep 2024

30 Minutes: Net Zero Introduction for Blackpool Businesses

Online Event, Blackpool, FY4 1EW

10:00 - 10:30

Corporate Sports Day
CSDCFKsept-02.png.png
LBV Hub Fundraisers
12 Sep 2024

Corporate Sports Day

UCLan Sports Arena, Preston, PR2 1SG

10:30 - 13:00

The Business Network Central & East Lancashire
LBV Header (12).png.png
LBV Hub Networking
12 Sep 2024

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

30 Minutes: Net Zero Introduction for Blackpool Businesses
BU AUGUST_6.jpg.jpg
LBV Hub Webinar
12 Sep 2024

30 Minutes: Net Zero Introduction for Blackpool Businesses

Online Event, Blackpool, FY4 1EW

14:00 - 14:30

NLP Diploma Foundations
LBV Hub Seminars
13 Sep 2024 - 15 Sep 0024

NLP Diploma Foundations

Unlocking Possibilities training venue, 166 Waterloo Road , Blackpool, FY4 2AF

09:00 - 17:00

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 LBV117 Online Graphic
Subscribe now

Weekly news bulletin