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 the United Kingdom
The UK has a draft Data Protection Bill designed to update the UK’s existing Data Protection Act. Under the current draft, Directors can be held liable for offences that are committed intentionally or through neglect.
In addition, while registering with data protection authorities is no longer required under the GDPR, the UK is instituting mandatory fees for some data controllers. Note that staff administration is exempt from this requirement. Additional information can be found below:
One open question that will likely remain in the UK after May 25 is how cross-border transfers will be managed after Brexit.
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.