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Employment Update – March 2018

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General Data Protection Regulations

As you are aware the General Data Protection Regulations (GDPR’s) will come into effect for private sector businesses on the 25th May 2018.  FTA Law has already sent to clients on the HR and Employment Service, a notification to issue to all employees, workers and the self-employed persons on how best to deal with and satisfy the Regulations.

The note covers what information the Practice/Company would class as personal employee data, how it is stored and used.

Personal Data held at your Company/Practice will cover a wide variety of sources including employees, suppliers and clients.  It is advisable to audit the data as a first step!

At the heart of the Regulations are 7 key principles determining how personal data should be processed.  These include;

  • The lawful, fair and transparent approach to holding personal data. In other words’ the employee, worker or self-employed person should be fully aware of what data is held.
  • Purpose Limitation – The Practice/Company should make clear how long the personal data is retained and there is a clear rationale why it is for that period of time.
  • Data Minimisation -The amount and relevance of the data held should be considered. New systems being installed should take into account these data processing principles.
  • Accuracy – Ensuring current and valid date is held.
  • Storage Limitation – How the data is stored and the security in place around this.
  • Integrity and Confidentiality – Being clear on who will see the personal data within the Company/Practice and whether it will be sent to third parties.
  • Accountability – Who the Data Controller is and their ongoing role in monitoring that these principles and practices are adhered to.

Failure to adhere to the Regulations will be costly.  Financial penalties could be up to a maximum of 20 million Euros or 4% turnover.

If you need additional advice regarding any aspect of GDPR (dealing with any aspect of personal data), then please do not hesitate to contact the Employment Team at FTA Law.

The team at FTA Law provides advice to clients across the commercial and healthcare sectors with many of our instructions coming from referrals from long standing clients and industry contacts.

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We understand that price is a big concern for our clients and we always aim to offer a fixed fee for our services.

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