This GDPR-compliant privacy notice should be given to workers to provide
information about how their personal data will be used. In general terms,
workers are not employees if they are free, without penalty, to accept or
reject any offer of work made to them. For employees and contractors, see
the separate Privacy Notice for Employees and Contractors (GDPR).
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
• 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
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