Protecting personal data is a fundamental right and must also be applied in the workplace. In fact, the relationship between GDPR and employees is so strict that non-compliance can result in fines ranging from $40,000 to $20 million, depending on the severity of the violation.
At Kuorum, we protect the personal data of our clients’ employees daily, giving us in-depth knowledge of this regulation and its importance. To help you stay compliant, we’re sharing not only the key aspects of the legislation but also practical tips on how to apply it in your organization.
Key aspects of GDPR in workplace data protection
To comply with GDPR regulations on employee personal data protection, you need to be clear on what type of data you can request, why you need it, and how you will use it.
These three key points will help you understand what data you can collect and how to protect the personal information of your employees, job candidates, and former staff.
Therefore, what you need to know well?
What qualifies as employee personal data?
Any information related to an identified or identifiable natural person.
What types of employee personal data can an organization request?
The type of data a company can request depends on the purpose for which it is needed - whether for recruitment, employment contracts, compliance with labor laws, collective agreements, or union elections.
For example, when collecting personal data for an employment contract, as the contract serves as the legal basis, the company may request information such as:
1. Full name
2. Date of birth and nationality
3. ID number, work permit, or Social Security number
4. Verified disability status
5. Bank account details (if payments are made via transfer)
6. Work hours log (to comply with labor regulations)
Although all of these are considered personal data, there are special categories - including ethnic or racial origin, political opinions, religious beliefs, trade union membership, and sexual orientation. These types of data are classified as sensitive and should not be collected unless specific legal exceptions apply.
How can companies ensure compliance with GDPR in employee data protection?
One of the most important responsibilities under GDPR is ensuring the security and confidentiality of employees' personal data. This includes properly storing and handling documents containing such data, such as resumes.
In fact, the loss or mishandling of this information constitutes a GDPR violation. Common mistakes include discarding documents containing personal data without properly destroying them or storing digital copies in unsecured locations.
Additionally, companies must inform employees about how their data is being processed. This notice must be written in clear and accessible language and should include details such as:
- Data being collected
- Data controller
- Legal basis and purpose of processing
- Data retention period
- Third-party data sharing
- Available channels for employees to exercise their data rights
Providing staff with proper training on handling personal data is another key requirement for compliance. Organizations should also evaluate whether they need a Data Protection Officer (DPO), which is mandatory for certain companies. Businesses specializing in data protection compliance like Pridatec can assist organizations in auditing and managing their GDPR obligations efficiently.
What rights does GDPR grant employees?
Under GDPR, employees have the right to know at all times what personal data is being processed, who it is shared with, and how they can exercise their rights. Employees can also request a copy of the data stored by their employer.
Many modern platforms securely store employee data and allow staff to access their records using a secure login. This enables them to request corrections to incorrect or incomplete information - or even update it themselves.
Another key employee right is the ability to request the deletion or restriction of their personal data under certain circumstances, such as:
- The data is no longer necessary for the original purpose for which it was collected.
- The only legal basis for processing the data was consent, and the employee withdraws it.
- The employee believes the data was unlawfully collected or is unnecessary for employment purposes.
In such cases, organizations must retain the data in a restricted state for three to four years. This means the data cannot be accessed or altered, except when required by legal authorities. It cannot be permanently deleted during this period.
Who is authorized to process employee data under GDPR?
Beyond the company’s designated data protection officers, trade union representatives may also process employee personal data without requiring consent. However, this is only permitted for information strictly necessary to fulfill their representation duties, such as conducting union elections.
Given the importance of safeguarding employee data, many organizations now turn to secure online voting platforms like Kuorum to ensure confidential and compliant data processing for various voting processes, including union elections and collective agreement ballots.
We hope this guide has helped you better understand the relationship between GDPR and employee data protection. If you’d like to learn more about our online voting platform, feel free to contact us or request a demo.
