GDPR Privacy Notice for Staff

Privacy Notice for Employees and Contractors (GDPR)

EM.EC.PRIV.01

This GDPR-compliant privacy notice should be given to employees and contractors to provide information about how their personal data will be used.

The General Data Protection Regulation (GDPR) came into effect in the UK on 25 May 2018 and requires employers to be transparent about the personal data that they hold and how it is used. The GDPR requires employers to provide the following information to employees at the point that data is collected from them:

• the identity and contact details of the organisation;
• the purposes for which the personal data will be processed, as well as the legal basis for the processing;
• if the employer is relying on its legitimate interests as the lawful condition for processing, what those legitimate interests are;
• the recipients or categories of recipients of the personal data;
• any transfer of the data outside the European Economic Area and the basis for such transfer;
• the period for which data will be stored, or the criteria used to determine how long data will be retained;
• the individual's rights to subject access, rectification or erasure of personal data, and the right to restrict processing or object to processing;
• the existence of any automated decision-making and meaningful information about the logic involved and the consequences of any such processing for the individual; and
• where data is obtained from a third party, the source of the data, including if it came from publicly accessible sources.

This privacy notice does not rely on consent as a lawful basis for processing employee data. Under the GDPR, consent is unlikely to be freely given in the employment context and as such is not an appropriate legal basis for processing most employee data.

In the event of a failure to comply with obligations under the GDPR, employers should be aware that they can be subject to fines of up to €20 million or 4% of the undertaking's worldwide annual turnover, whichever is higher.

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