Personal data is processed about an employee both before, during and after an employment relationship. The data protection rules set the framework for how this information should be handled.
HR personal data is very important in current HR management. The processing of personal data about employees is, for example, necessary for the actual employment relationship, where salary is to be paid, holiday registered, etc. Part of the processing of data is also linked to the business operations and security, including, for example, photos, access and surveillance.
The data protection rules set the framework for all processing of personal data. Among other things, the data protection rules determine when and how to obtain the employee’s consent. In this context, it is important to note that in some cases, one must be careful about using consent, when one processes employee data, due to the relationship between superiors/subordinates.
In addition, as an employer or HR employee, you must be aware of the interaction between the data protection rules and all other rules relating to the employment relationship or a given activity, including, for example, the special rules on video surveillance. The many rules and facets mean that working with HR personal data can be complicated and time-consuming. Therefore, it may be a good idea to seek legal advice.
Examples of interfaces that employers should be aware of:
Management law
The Danish Act on Use of Health Data in the Labour Market
The Danish Act on Prohibition against Discrimination on the Labour Market
The Danish Limitations Act
NJORD’s lawyers can help you cope with the various personal data-related challenges one often meets when working with HR personal data. We advise both small and large businesses on the importance of the GDPR and data protection rules in the HR work.
HR personal data: How can we help you?
Information letters about the processing of personal data to employees
Personnel policies for the use of personal data in employment relationships
Correct GDPR handling of employment contracts and addenda to employment contracts
Advising on all aspects of HR personal data
Personal data and recruitment
When you need to recruit new employees as an employer or a HR employee, you will process a lot of personal data. For example, data is collected through the job applications received by you. In addition, personal data may, for example, derive from personality tests or from social media.
Several personal data-related challenges may arise in connection with the recruitment process. For example, you need to be aware that in some cases you must obtain the applicant’s con-sent, including when you obtain references from previous employers.
Our lawyers can help you ensuring your company’s compliance with the data protection rules when you are hiring new employees.
Personal data during the employment
HR personal data is an important element when working with HR management. For example, employers and HR employees process personal data when the employees get paid or fall sick.
In addition, a lot of personal data is involved when an employer makes use of different control measures in his company. For example, in case of video surveillance, GPS tracking in company cars, and control of the employees’ use of IT equipment or storing of e-mails. The same applies to information about employees published on the company’s website, including the employee’s daily contact information or a photo of the employee.
It is also important to ensure that your subcontractors comply with the rules. This applies right from payroll agencies to IT systems and support.
NJORD’s lawyers advise on everything from obtaining information about the employee’s sickness to the storing of GPS data.
Personal data after the employment
The processing of employee data continues even after the employee’s retirement. Rules on bookkeeping and accounting, but also the employee’s potential claims against the company, set the framework for how long you may store personal data about an employee.
In addition, the data protection rules limit the information you may disclose to other employees and business partners when the employee has retired.
At NJORD, we have extensive experience in advising on the interfaces between data protection law and other areas, including HR management. Our lawyers can advise you on everything within HR personal data, and we offer training to everybody working with HR and the employee data.
