In the past months, you might have already heard about the GDPR abbreviation, which raises fear and horror in many companies. As of the 25th May of this year, the new European regulation on the protection of personal data brings many innovations to companies affecting the administrative burden and IT security. There are dozens of articles available both in English and Czech language, advising the entrepreneurs on what to be careful about in connection with GDPR. However, you won’t find so easily what it is going to bring to the everyday life. How does this affect the search for work in practice and what rights are you going to have as a candidate?
GDPR (General Data Protection Regulation) has many features in common with our Czech law on personal data protection. However, it brings several changes that directly relate to the way you obtain your consent to the processing of personal data (which is a “mandatory step” when responding to any job offer).
“The consent must be given freely and voluntarily, i.e, for example, when the CV is sent through the Company’s Web site or Work Portal, the field of consent to the processing of your personal data cannot be automatically checked.
“The consent text must be unambiguous and it must contain specific information about the purpose and way of processing your personal data (so no tiny letters under the line).
“You always give your consent for one purpose only. For example, if you respond to a position and, in addition, the company wants to send you a newsletter with product information, these consents must be given separately.
“When ordering goods or services, your consent to the processing of personal data must not be an obligation. In practice, you can order the goods without giving your consent – on the other hand, the company has the right to record the data that are needed, for example, to issue the invoice and to legally archive this invoice. When looking for a job, this will mean that you do not have to give consent to the processing of your personal data, and in this case the employer / personal agency has the right to record your personal data only for the needs of the selection process and for the time necessary.
GDPR also introduces several new rights for people, whose purpose is to protect their personal data:
- Right to be forgotten – you have the right to ask for the deletion of your personal information as simply as you have given your consent to their processing. Therefore, if you have given consent by means of a form on a web site, for example when ordering a good or service, you should be able to appeal the same way.
- However, the right to be forgotten expires if the personal data are needed to fulfil another statutory obligation (e.g. employee records and their paychecks must be archived by the employer for 10 years).
- Right to Transparency – In case your personal data are processed in an automated form, you have the right to request from any company to provide them in electronic form to another administrator of your choice.
- Right to correction – As soon as you find that the personal data they have about you are incorrect, you have the right to have them corrected or completed without any delay or charge for this service.
- Information Obligation – Every company that keeps your personal data is obliged, at your request and free of charge, to provide you with the information about what data it processes and to what other companies it has provided them.
In practice, it also means that as of May of this year, as a job seeker, you will be asked to give your consent to the processing of your personal data quite frequently. E.g.: if you send your CV via a work portal, you will tick one consent – for the purpose of the selection process; and if the company wants to meet the GDPR obligations and, for example, approach you with another job offer in the future, it should ask you for another consent, because your first consent is no longer valid for the purpose of approaching you with other offers.
However, we will see what the GDPR will actually bring into the normal life of a job seeker in a few months.
Thank you our GDPR Guru Barbara Ostrochovská.