WHAT IS GDPR?
General Data Protection Regulation (GDPR)
Approved by the EU parliament in April 2016, the General Data Protection Regulation will replace the Data Protection Directive, which currently regulates how personal data can be used.
The current directive was enacted before internet and Cloud tech became mainstream. Today, there are new (and unforeseen) ways of exploiting personal data: the GDPR seeks to address these threats by imposing tougher penalties for non-compliance and giving people greater control over what companies can do with their data.
The GDPR came into effect on 25 May 2018.
Six Core Principles
Purpose limitations
Candidate data collected can only be used for legitimate and specific reasons, and you must inform candidates of these reasons.
Data minimization
Candidate data collected should be adequate, relevant and limited, and you are sufficiently capturing the minimum amount of data needed for processing.
Accuracy
You must take reasonable steps to ensure that personal data is accurate and kept up to date. This includes updating or deleting inaccurate data or when a candidate inform you of any changes.
Lawfulness, fairness & transparency
Consent must be obtained from candidates before processing personal data. When collecting personal data, you should tell candidates who you are, how personal data will be processed and if personal data will be disclosed to third parties (i.e your clients).
Storage limitations
Personal data must be kept in a form which permits identification of candidates for no longer than is necessary for the purposes for which the personal data are processed. You should have a data retention policy that identifies when and how records may be destroyed.
Integrity and confidentiality
Personal data must be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
Candidate's Rights
01. Right to be informed
You need to provide 'fair processing information' over how you will use Candidate data, typically through a privacy notice:
- What is the purpose and legal basis for processing the data
- How the data is to be processed
- Who is involved in the processing of data
- How long will the data be kept for
02. Right of access
Candidate have the right to verify and access their personal data and supplementary information.
03. Right to rectification
Candidates have the right to request for personal data to be rectified if it is inaccurate or incomplete.
04. Right of erasure
Also known as 'the right to be forgotten'. Candidates can request the deletion or removal of personal data.
05. Right to restrict processing
Candidates have the right to block or suppress processing of personal data. When this happens, you can still store the data but not process it.
06. Right to data portability
Candidates are allowed to obtain and reuse their personal data for their own purposes across different services. You need to allow candidates to move, copy or transfer personal data easily in a safe and secure manner.
07. Right to object
Candidates have the right to object to:
- Processing based on legitimate interest or the performance of a task in the public interest/exercise of official authority
- Direct marketing
- Processing for purposes of scientific/historical research and statistics
08. Rights related to automated decision making
The GDPR provides safeguards against the risk that a potentially damaging decision is taken without human intervention.
How can Vincere help?
GDPR Compliant Feature Stack:
✔ Automated Consent tracking (including legal basis of processing properties)
✔ Embedded GDPR-compliant website and recruitment workflows
✔ Candidate portal and Engagement Hubs (to allow candidates to modify data and exercise rights)
✔ Auditable activity logs and history (including timestamps)
✔ Compliance Dashboard: Out-of-the-box reports to track compliance levels over time
GDPR Compliance dashboards:
✔ Get an at-a-glance view of the candidates that have given you consent by month
✔ Track compliance levels over time
✔ Ability to filter by consultants & locations
✔ Drill into data to identify deleted records- what has been deleted who did it and when?
✔ Align to KPIs & Goals – give your consultants compliance goals and track performance
Disclaimer:
This information is not, and is not intended to be, legal advice, where an attorney applies the law to your specific circumstances, so we insist that you consult an attorney if you’d like advice on your interpretation of this information or its accuracy. In a nutshell, you may not rely on this webpage and its content as legal advice, nor as a recommendation of any particular legal understanding.
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