Handling employee data under new data protection laws

By Lancashire Business View

13 Mar 2018

By David Edwards, senior associate, regulatory and compliance, Harrison Drury.

From the 25 May 2018, The General Data Protection Regulation and what will become the new Data Protection Act 2018, will form the UK’s new data protection framework.

Where consent is relied upon as a ground for the lawful processing of personal data, data controllers should be able to demonstrate that consent was given by the data subject, ie the employee.

Employers seeking to rely on consent as the lawful justification for processing confidential personal employee data must satisfy the following: Consent must be specific and informed Employees must have the right to withdraw consent Consent must be freely given Consent must be unambiguous and take the form of an affirmative action or statement For certain types of personal data processing, the consent must be explicit Privacy notices for employees

The GDPR requires employers to notify its data subjects about their personal data handling practices through a privacy notice. Employers should have a proactive approach to data processing.

Privacy notices are designed to sufficiently inform data subjects about how their employer collects, uses, stores, transfers and secures personal data.

Privacy notices can also seek to act as an education piece for employees. They advise employees about what will be done with their personal data and why – something which hasn’t always been a concept thoroughly considered by some employers.

Just like policies and procedures, privacy notices must be fit for purpose. Vague notices are of little assistance, and in actual fact, could encourage a sense of concern amongst employees if they are not sure as to what is being done with their personal data.

Whilst operating in the capacity of an employer, consider – why do we do what we do with personal data? Can you sufficiently justify why? Best practice approaches

Employers should begin to give sufficient consideration to how they obtain their employee’s consent, taking into account the following; Treat the consent to process personal data separate to other permissions The employer seeks separate consent for each personal data processing activity The employee consents freely Employees must know of their right to withdraw consent The organisation satisfies other information notice requirements The employer can demonstrate that it obtained valid consent

Whilst the government has advised that the new Data Protection Act 2018 will set out a number of exemptions from GDPR, employers should now be getting themselves familiar with the relevant provisions of the GDPR. In any event, employers should be well underway in terms of identifying what steps need to be taken with a view to becoming compliant with the GDPR.

Latest news

1

Sportswear specialist goes into liquidation Milano

Sportswear specialist goes into liquidation

10 Jul 2026

2

Manufacturers urged to cut through the AI hype Mark Edwards

Manufacturers urged to cut through the AI hype

10 Jul 2026

3

HR firm makes key development appointment Sonia Hanson

HR firm makes key development appointment

10 Jul 2026

4

Blackburn College brings national focus to tackling NEET challenge NEET

Blackburn College brings national focus to tackling NEET challenge

10 Jul 2026

5

Vape firm IVG targets £1bn revenue IVG Preston staff

Vape firm IVG targets £1bn revenue

08 Jul 2026

Blackburn College (July-Aug 26)
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

Built Environment Conference 2026
BEC Listing
Networking
24 Sep 2026

Built Environment Conference 2026

08:30 - 13:00

Sub36 Awards 2026
Awards
16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa , Chorley

18:00 - 00:00

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD Listing
Networking
27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

July Preston Tech Connection Hot Takes
PTC Square July (900 x 900 px).png.png
LBV Hub Networking
15 Jul 2026

July Preston Tech Connection Hot Takes

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

Preparing for the changes to unfair dismissal
Logo.jpg.jpg
LBV Hub Seminars
15 Jul 2026

Preparing for the changes to unfair dismissal

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

The Business Network Central and East Lancashire
LBV Header (34).png.png
LBV Hub Networking
16 Jul 2026 - 16 Jul 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Achieving more with your money: Your options at retirement
LBV Hub Seminars
16 Jul 2026

Achieving more with your money: Your options at retirement

Accrington Stanley Football Club, Accrington, BB5 5BX

17:55 - 17:55

Preston Freelancer Meet-Up July
LBV Hub Networking
21 Jul 2026

Preston Freelancer Meet-Up July

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Legacy & Leadership – Planning for Lift, Death and business continuity
Logo.jpg.jpg
LBV Hub Seminars
21 Jul 2026

Legacy & Leadership – Planning for Lift, Death and business continuity

Lancaster & Morecambe College, Lancaster, LA1 2TZ

09:00 - 10:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin