One of the main principles of GDPR is that Data shall be processed lawfully, fairly and in a transparent manner, these three elements overlap and all three must be satisfied in order to demonstrate compliance.
Employers, as both Data Controllers and Processors, must be able to show how they comply with the new data protection principles and be clear and open with their employees about the processing of data and their rights. The GDPR stipulates that anywhere personal data is being collected, either directly or indirectly, Privacy Notices should be in place, these policies are critical to complying with the transparency obligations in the GDPR. So the introduction of an Employee Privacy Policy will cover the required elements and ensure demonstratable compliance in this regard.
The Privacy Policy should be written in a clear and easily-understandable format and must include;
• What data is processed – name, address, PPS no., bank details, etc.
• How it was obtained – employee detail request form, CV, ROS, etc.
• The ‘legal basis’ for processing the data – contractual necessity, legal obligation, etc.
• Who has access to it and any third parties– HR dept., payroll clerk, pension company
• How it is stored and security – HR system, Thesaurus software, encryptions, etc.
• How long it is kept for –set in company policies or statutory requirements
• The rights of the employee – right to access, rectification, erasure, etc.
• If data is transferred outside the EEA
• Contact details of Data Controller
We have recently upgraded our Bright Contracts software to include a new Employee Privacy Policy feature, so now employers can facilitate the main GDPR principle of lawful, fair and transparent processing of the employee data. We have also updated the Data Protection Policy within the Handbook and the Data Protection Clause within the contracts.
To download a free trial of Bright Contracts, click here.
To request a free online Demo of Bright Contracts, click here.
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