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How does GDPR directly impact the recruitment process?

Posted on May 10, 2020 by Author

Table of Contents

  • 1 How does GDPR directly impact the recruitment process?
  • 2 Are job applications covered by GDPR?
  • 3 How does the Data Protection Act 2018 affect recruitment and selection?
  • 4 Why do employers use applicant tracking systems?
  • 5 Why is GDPR important?
  • 6 Do you need legitimate interest to process candidate data under GDPR?
  • 7 Can employers use automated decision-making under the GDPR?

How does GDPR directly impact the recruitment process?

GDPR affects recruitment by changing how personal data can be collected, stored and used. It will be more difficult to process large volumes of candidates without having an actual relationship with the candidate.

What does GDPR mean for recruitment agencies?

General Data Protection Regulation
Under the UK General Data Protection Regulation (retained from EU Regulation 2016/679 EU) (UK GDPR), when an employer collects personal data about an applicant during a recruitment process, whether this is directly from the applicant or from a third party such as a recruitment agency, it must provide the applicant with …

Are job applications covered by GDPR?

Because job applications correspond to actual job openings, you have legitimate interest in processing this data and you do not need to ask for explicit consent. But, to be fully compliant with GDPR, ensure you: Ask only for personal data you need.

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Why is data protection important in the workplace?

Key pieces of information that are commonly stored by businesses, be that employee records, customer details, loyalty schemes, transactions, or data collection, need to be protected. This is to prevent that data from being misused by third parties for fraud, such as phishing scams and identity theft.

How does the Data Protection Act 2018 affect recruitment and selection?

The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018), both put a fresh angle on data protection law and require tighter controls on things relating to recruitment, such as the need for secure processes, privacy notices and more.

Why are applicant tracking systems important?

Overall, an Applicant Tracking System allows recruiters to develop and execute a more efficient workflow. A consistent and engaging recruitment process strengthens your employer branding. With an Applicant Tracking System your company can attract and engage more candidates.

Why do employers use applicant tracking systems?

An applicant tracking system (ATS) helps companies organize candidates for hiring and recruitment purposes. These systems allow businesses to collect information, organize prospects based on experience and skill set, and filter applicants.

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Why is it important for employers and employees to comply with data protection legislation?

Security. The principles set out in The Data Protection Act help businesses ensure the details of their staff, clients and customers are properly protected. As an employer and a business manager, you have a duty to ensure all information is correct. A breach in your data protection can be costly.

Why is GDPR important?

GDPR is important because it improves the protection of European data subjects’ rights and clarifies what companies that process personal data must do to safeguard these rights. All companies and organisations that deal with data relating to EU citizens must comply by the new GDPR.

What is GDPR and how does it affect your recruitment process?

GDPR obliges you to collect data only for “specified, explicit and legitimate purposes.” This means, for example, that you can source candidate data as long as you collect job-related information only and you intend to contact sourced candidates within 30 days. You need to have candidate consent to process sensitive data.

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Do you need legitimate interest to process candidate data under GDPR?

You need legitimate interest to process candidate data. GDPR obliges you to collect data only for “specified, explicit and legitimate purposes.” This means, for example, that you can source candidate data as long as you collect job-related information only and you intend to contact sourced candidates within 30 days.

What happens if my company fails to comply with GDPR?

For example, under GDPR, your company is responsible for who it does business with (e.g. an ATS provider or sourcing services.) If your contractors fail to comply with the law, your company is accountable as well. Also, you are obliged to comply when candidates exercise their rights under GDPR: Candidates have the “right to be forgotten.”

Can employers use automated decision-making under the GDPR?

Under the GDPR, employers can use automated decision-making only if it is: with the candidate’s explicit consent. If an employer does use automated decision-making, it must advise candidates of this in the information notice.

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