1. Skip to navigation
  2. Skip to content
  3. Skip to sidebar

GDPR – are your interests legitimate?

Under the GDPR the requirements for consent will be much stricter, particularly in the employment context, where it is generally accepted that the imbalance of power between the employer and employee is likely to invalidate any consent given by the employee. In this context, employers may turn increasingly to "legitimate interests" as the lawful basis for processing their employees' personal data.
Read more »
GDPR – are your interests legitimate?

Three months to go until GDPR comes into force: are you ready?

Has getting to grips with GDPR been lingering on your to-do list for the past year? With only three months to go until GDPR comes into force on 25 May, now is the time to push it to the top of your list.

Don’t panic if you have not yet started to prepare. Here are our top tips for getting your organisation ready:

  • Start with an audit of what data you hold and what you do with it. You can then consider what legal basis you have for processing the data. With the advent of GDPR, you should be moving away from the use of consent, which individuals are entitled to withdraw, to one of the other permitted bases for processing data. In the employment context, most data processing will be permitted as being required for performance of the employment contract or complying with a legal obligation. There is also a basis for processing where an organisation has “legitimate interests” to do so.
  • A new privacy notice will be needed to comply with GDPR. Consider having separate privacy notices for existing employees and for recruitment purposes. GDPR requires privacy notices to be concise, easily accessible and easy to understand. There is a significant list of mandatory information which needs to be included in a compliant notice.
  • If, like most employers, you have a data protection consent clause in your template employment contract, this should be removed from any new contracts being issued. You don’t need to issue fresh contracts to existing employees but you should let them know that you are no longer relying on consent and refer them to your new privacy notice.
  • Put in place a procedure for dealing with subject access requests – GDPR requires requests to be dealt with faster (within a month in all but exceptional cases) and without charging a £10 fee (except where a request is “manifestly unfounded or excessive”, in which case you can charge a “reasonable” fee). You should also have a procedure in place for dealing with any data breach and the new requirement to notify the Information Commissioner’s Office of such a breach.
  • Start training employees so that everyone is aware of their responsibilities.

Whilst GDPR brings with it the threats of significantly increased penalties for non-compliance, starting preparations now (if you have not already done so) will stand your organisation in good stead for the new regime. If you need support in tackling your preparations, please get in touch with a member of the team.

Three months to go until GDPR comes into force: are you ready?

Surveillance of employees in the workplace and the Article 8 right to privacy

Advances in technology have made monitoring employees easier than ever before. With the increased use of email, smartphones, laptops, trackers and SmartWare, almost every mode of communication has gone digital. As such, it is now possible to monitor your employees’ every movement and communication, to find out not just where they are but also how productive they are being.

However, many employees try to argue that this monitoring is an intrusion on their right to a private life (under Article 8 of the Human Rights Act) and is therefore unlawful.

This important issue has been the focus of two recent decisions by the European Court of Human Rights (ECHR). In each case, the judges considered the limits on what is and isn’t permissible when it comes to the surveillance of employees.

Read more here.

Surveillance of employees in the workplace and the Article 8 right to privacy

UK Employment Law Round-up – February 2018

In this issue we look at some of the key employment law developments that have been taking place over the past month. In particular, we take a look at the outcome of Matthew Taylor’s review of modern employment practices and the Fawcett Society’s report on potential gaps in current sex discrimination legislation in the UK. The second of these is particularly significant in light of the growing movement to raise awareness of sexual harassment in the workplace. We also give you our top tips for getting your organisation ready for the implementation of the GDPR, which is now only three months away(!), and the first hike in the “minimum” requirements for auto-enrolment compliance.

https://www.dentons.com/en/insights/newsletters/2018/february/28/uk-employment-law-roundup/uk-employment-law-round-up-february-2018

UK Employment Law Round-up – February 2018