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

FWP delivers dental teaching expansion at university The dental facility

FWP delivers dental teaching expansion at university

06 Nov 2025

2

WHN Solicitors invests in leadership with senior promotions Katie Wright and Eleanor Longworth

WHN Solicitors invests in leadership with senior promotions

06 Nov 2025

3

Blackburn and Burnley companies strike gold at regional manufacturing awards Chloe Baine from MGS Plastics with Dan Hulme of Inspired and then Abby Watson from Safran presented award by Dawn Huntrod.

Blackburn and Burnley companies strike gold at regional manufacturing awards

05 Nov 2025

4

Rosebud named as judging partner for Red Rose Awards Red Rose Awards 2025 scene

Rosebud named as judging partner for Red Rose Awards

05 Nov 2025

5

Blackpool Council moves forward with plans for first data centre as part of Silicon Sands Artists impression of how Silicon Sands could look

Blackpool Council moves forward with plans for first data centre as part of Silicon Sands

04 Nov 2025

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
November / December 2025 Magazine Launch Event
Holiday Inn Hotel
Networking
19 Nov 2025

November / December 2025 Magazine Launch Event

Holiday Inn, Blackpool

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

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

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Chamber Breakfast Networking – November
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
06 Nov 2025 - 06 Nov 2025

Chamber Breakfast Networking – November

Porsche Centre South Lakes, Carnforth, LA6 1FW

08:30 - 10:30

Lancashire Police business update with The Police and Crime Commissioner
Lancs-cham-logo.jpg.jpg
LBV Hub Roundtables
10 Nov 2025 - 10 Nov 2025

Lancashire Police business update with The Police and Crime Commissioner

Lancaster Castle, Lancaster, LA1 1YN

14:00 - 16:00

AI, Creativity, and what it means to be human
2.jpg.jpg
LBV Hub Networking
11 Nov 2025 - 11 Nov 2025

AI, Creativity, and what it means to be human

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:00

Beyond the Brand: Building trust through values and integrity
1.png.png
LBV Hub Networking
11 Nov 2025 - 11 Nov 2025

Beyond the Brand: Building trust through values and integrity

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:00

The Great Winter Pie and Pea Social
Logo.jpg.jpg
LBV Hub Social
12 Nov 2025 - 12 Nov 2025

The Great Winter Pie and Pea Social

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 20:00

The Business Network Central and East Lancashire
LBV Hub Networking
13 Nov 2025 - 13 Nov 2025

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