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

Aviktas comes to life as new ride spins for the first time at Pleasure Beach Resort Aviktas ride

Aviktas comes to life as new ride spins for the first time at Pleasure Beach Resort

24 Feb 2026

2

AFD Systems accelerates digital transformation with Made Smarter funding AFD Systems

AFD Systems accelerates digital transformation with Made Smarter funding

24 Feb 2026

3

Steel signing marks phase five progress in Blackpool’s Talbot Gateway The Talbot Gateway Steel signing

Steel signing marks phase five progress in Blackpool’s Talbot Gateway

24 Feb 2026

4

Ameon named as new founder patron of Vault Youth Zone Tim Jacques chief executive Vault Youth Zone and Scott Andrews director Ameon

Ameon named as new founder patron of Vault Youth Zone

23 Feb 2026

5

Insolvency statistics show an increase in corporate distress Mark Davies

Insolvency statistics show an increase in corporate distress

23 Feb 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
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Central Lancashire

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

LBV128 May/June Magazine Networking Event
Jan/Feb networking event - hands up image
Networking
14 May 2026

LBV128 May/June Magazine Networking Event

Lancashire

08:30 - 10:30

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

LBV129 July/August Magazine Networking Event

Lancashire

08:30 - 10:30

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

LBV130 September/October Magazine Networking Event

Lancashire

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

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

Armed Forces Covenant Business Engagement
Logo.jpg.jpg
LBV Hub Seminars
24 Feb 2026 - 24 Feb 2026

Armed Forces Covenant Business Engagement

Morecambe Football Club, Morecambe, LA4 4TB

09:00 - 15:00

Preston Freelancer Meet-Up: February
LBV Hub Networking
26 Feb 2026 - 26 Feb 2026

Preston Freelancer Meet-Up: February

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Spring Forecast 2026 LIVE: Insights with PM+M
Spring Forecas.jpg.jpg
LBV Hub Seminars
03 Mar 2026 - 03 Mar 2026

Spring Forecast 2026 LIVE: Insights with PM+M

Blackburn Rovers Football Club (Red Rose Suite), Ewood Park, Blackburn , BB2 4JF

12:00 - 15:00

Chamber Breakfast Networking – March
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Chamber Breakfast Networking – March

The Storey, Lancaster, LA1 1TH

08:00 - 10:00

Lancashire Lifesavers
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Lancashire Lifesavers

The Story, Lancaster, LA1 1TH

10:15 - 11:15

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