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

Barnfield Construction transitions to an Employee-Owned Business Staff Cheer Photo.jpg.jpg

Barnfield Construction transitions to an Employee-Owned Business

24 Jan 2025

2

Wallsauce looks to grow B2B customer base with increased trade focus Martin Emmott Rosebud and Andy Gerraty Wallsauce

Wallsauce looks to grow B2B customer base with increased trade focus

24 Jan 2025

3

CBP goes into administration Community and Business Partners in Blackburn with doors shut

CBP goes into administration

23 Jan 2025

4

Plan moves forward for new £13.2m Innovation Hub Councillor Phillippa Williamson and Coun Aidy Riggott

Plan moves forward for new £13.2m Innovation Hub

22 Jan 2025

5

Record turnover as Napthens continues to grow Stephen Faulkner

Record turnover as Napthens continues to grow

22 Jan 2025

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
The Lancashire Festival of Business
FOB 315
Exhibitions
30 Jan 2025

The Lancashire Festival of Business

Impact Conferencing, Burnley, BB12 6QP

09:30 - 16:00

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

North West Holiday Home Show
PLG - NWHHS - Social - Jan 2024.jpg.jpg
LBV Hub Exhibitions
18 Jan 2025 - 26 Jan 2025

North West Holiday Home Show

South Lakeland House Showground, Yealand Redmayne, LA5 9RN

09:00 - 14:58

The Marketing Meetup IRL: Lancashire
LBV Hub Event Image.png.png
LBV Hub Networking
30 Jan 2025 - 30 Jan 2025

The Marketing Meetup IRL: Lancashire

Strawberry Fields Digital Hub, Chorley, PR7 1PS

18:00 - 20:00

February Preston Tech Connection Meet-Up: Tech & Our Planet
PRESTON TECH CONNECTION jan.ai.png.png
LBV Hub Networking
12 Feb 2025 - 12 Feb 2025

February Preston Tech Connection Meet-Up: Tech & Our Planet

Society1 Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Police Apprenticeship event
Student Centre Autumn 2022.jpg.jpg
LBV Hub Social
12 Feb 2025 - 12 Jan 2025

Police Apprenticeship event

University of Central Lancashire, Foster Social Space , Preston , PR1 2HE

16:00 - 19:00

The Business Network Central & East Lancashire
LBV Hub Networking
13 Feb 2025 - 13 Feb 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Sub36 Networking - Behind the beans
Sub36 Social1200Atkinsons New
Networking
14 Feb 2025

Sub36 Networking - Behind the beans

Atkinsons Speciality Coffee, Lancaster, LA1 1 EX

09:00 - 11:30

Red Rose Awards 2025
Red Rose Awards 2025
Awards
13 Mar 2025

Red Rose Awards 2025

Winter Gardens Blackpool

18:00 - 11:59

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

12:00 - 17:00

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 LBV120 Online Graphic 1
Subscribe now

Weekly news bulletin