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

‘Dithering’ on defence spending puts thousands of jobs at risk, union warns Typhoon production Warton

‘Dithering’ on defence spending puts thousands of jobs at risk, union warns

20 Jan 2026

2

Renewables blow as large-scale Irish Sea windfarm plan is scrapped EnBW logo windfarm

Renewables blow as large-scale Irish Sea windfarm plan is scrapped

20 Jan 2026

3

21 roles available as Leyland Trucks launches 2026 apprenticeship recruitment Leyland Trucks tooling academy

21 roles available as Leyland Trucks launches 2026 apprenticeship recruitment

20 Jan 2026

4

Management of Lancaster buildings transfers to a new provider Penny Street CityBlock

Management of Lancaster buildings transfers to a new provider

19 Jan 2026

5

REVEALED: Our 2026 Red Rose Awards finalists Red Rose Awards event

REVEALED: Our 2026 Red Rose Awards finalists

19 Jan 2026

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
January / February 2026 - LBV Issue 126 Magazine Launch Event
Porsche Preston1200x630
Networking
22 Jan 2026

January / February 2026 - LBV Issue 126 Magazine Launch Event

Porsche Preston, Preston, PR2 1QJ

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026
Employment Rights Act Update for Businesses.png.png
LBV Hub Webinar
27 Jan 2026 - 27 Jan 2026

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026

Online via Zoom, Preston, PR5 6AW

09:30 - 10:30

The Marketing Meetup: Lancashire (January)
LBV Hub Networking
27 Jan 2026

The Marketing Meetup: Lancashire (January)

Six Connections, Slater Terrace, Burnley, BB11 4SA

18:00 - 20:00

Chamber Breakfast – February
Logo.jpg.jpg
LBV Hub Networking
03 Feb 2026 - 03 Feb 2026

Chamber Breakfast – February

The Olive Branch, Lancaster, LA1 4XQ

08:00 - 10:00

Business Breakfast Networking Event
LBV Hub Networking
04 Feb 2026 - 04 Feb 2026

Business Breakfast Networking Event

Media Factory, University of Lancashire, Preston, PR1 2HE

08:00 - 10:30

Degree apprenticeship information sessions for businesses
student centre entrance.jfif.jpg
LBV Hub Webinar
10 Feb 2026 - 13 Feb 2026

Degree apprenticeship information sessions for businesses

University of Lancashire, Virtual event, -

10:00 - 09:30

E-commerce in 2026: From stores to systems
PTC banner Feb 26.jpg.jpg
LBV Hub Networking
10 Feb 2026 - 10 Feb 2026

E-commerce in 2026: From stores to systems

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Future Forward Business and Skills Summit
Future Forward Business & Skills Summit
LBV Hub Networking
20 Feb 2026

Future Forward Business and Skills Summit

Lancashire Energy HQ , Blackpool, FY4 2QS

08:00 - 11:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

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