Employee Data Privacy

The Netherlands - GDPR National Laws

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GDPR Related National Laws & Modifications

The European Union’s General Data Protection Regulation (GDPR) 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).

 

arrowinsandDerogations in the Netherlands

The Dutch GDPR Implementation Act (UAVG) does not contain any derogations specific to employee data privacy. Under the Act, there are some exceptions to the prohibition on processing data concerning health (UAVG, Art. 30) and processing data that’s of a criminal nature (UAVG, Art. 32).

Employers should also be aware of works council approval requirements. Works council approval is necessary for employers to adopt, amend or revoke regulations concerning the processing and protection of employee personal data (Works Councils Act, Sec. 27 sub 1(k)).

 

Ultimate Software's HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers 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 Ultimate Software's customers have employees. HR Compliance Assist is a service exclusively available to Ultimate Software customers.

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