GDPR Related National Laws & Modifications
The European Union’s General Data Protection Regulation, going into effect May 25, 2018, sets a common standard for protecting personal data across the EU. It also allows member nations some flexibility to create additional provisions and limitations. Some examples, which may impact HR teams, include the ability for EU member states to:
- provide “specific rules to ensure the protection of…employees’ personal data in the employment context” (Art. 88);
- limit the transfer of “specific categories of personal data to a third country or international organization” if the country (or international organization) is deemed not to have adequate protections in place (Art. 49, (5)); and,
- “determine the specific conditions for the processing of a national identification number or any other identifier of general application” (Art. 87).
Derogations in Denmark
EU member nations are reviewing their current Data Protection Policies in advance of the GDPR going into effect. The bill on the Danish Act on Supplementary Provisions to the General Data Protection Regulation is scheduled to be passed on April 24, 2018 and is expected to come into force on the same day as the GDPR.
If passed in its current form, the Act would include an obligation to obtain permission from the Danish Data Protection Agency (DPA) in specific circumstances. One potential area where employers may be required to obtain advance permission from the DPA is when processing data to warn others against a business or employment relationship.
Led by PeopleDoc’s Chief Legal & Compliance Officer, the HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers, including the global law firm Morgan Lewis, to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where PeopleDoc’s customers have employees. HR Compliance Assist is a service exclusively available to PeopleDoc customers.