The General Data Protection Regulation (GDPR) revolutionised the way organisations handle personal data, and for Human Resources (HR) departments in the United Kingdom, compliance is paramount. This article provides a comprehensive exploration of best practices for HR to safeguard employee data and ensure GDPR compliance in the workplace.

The Significance of GDPR in HR

GDPR, which came into effect in May 2018, ushered in a new era of data protection. Its principles apply directly to HR departments, which are custodians of vast amounts of employee data. GDPR in HR revolves around ensuring that the collection, processing, and storage of employee data are done in a lawful, transparent, and secure manner.

2. Data Mapping and Inventory

Start with a thorough data mapping exercise. HR should identify all sources of employee data, including CVs, contracts, performance reviews, and emails. Creating a comprehensive data inventory is essential for effective GDPR compliance.

3. Consent and Transparency

Obtain clear and informed consent from employees for data processing activities if you are relying on consent as your lawful basis for processing (see below). Transparency is key; HR should communicate why and how data is collected, processed, and stored. Privacy notices should be accessible and easy to understand.

4. Lawful Basis for Processing

Identify the lawful basis for processing employee data. HR often relies on contractual necessity, legitimate interests, or legal obligations.  These options may be preferable to relying on consent as consent can be withdrawn and may not be seen as “freely given” in an employer / employee relationship. Understanding these bases is crucial to ensure GDPR compliance.

5. Data Minimization

Collect only the data that is necessary for HR functions. Avoid excessive data collection. The principle of data minimization requires HR to hold the least amount of data possible to fulfil its purpose.

6. Employee Rights

HR should be well-versed in employee rights under GDPR. These include the right to access, rectify, and erase personal data, as well as the right to object to processing. HR should have procedures in place to respond to these requests promptly.

7. Data Security Measures

Implement robust data security measures to protect employee data from unauthorized access, breaches, and cyberattacks. Encrypt sensitive data, enforce access controls, and conduct regular security assessments.

8. Data Protection Impact Assessments (DPIAs)

DPIAs are essential when HR introduces new data processing activities or technologies. They help identify and mitigate risks to employee data and ensure compliance with GDPR.

9. Employee Training

Comprehensive data protection training is vital for HR staff. Training programs should cover GDPR principles, employee rights, data security, and how to handle data subject requests.

10. Vendor and Third-Party Management

When HR engages third-party vendors or contractors, ensure they also comply with GDPR standards and breach reporting.  Contracts should include data protection clauses and obligations.

11. Breach Response Plan

Have a well-defined data breach response plan in place. The person responsible for data protection should be ready to report breaches to the Information Commissioner's Office (ICO) within 72 hours of discovery and inform affected employees.

12. Regular Audits and Compliance Checks

Conduct regular audits of HR processes and data handling practices to ensure ongoing compliance with GDPR. Regularly review and update policies and procedures as needed.

13. Legal Consultation

Engage legal experts who specialise in GDPR and employment law. They can provide guidance on compliance and help HR navigate complex issues.

14. Retention Periods

Ensure that data is only kept for as long as reasonably necessary and have a clear retention period policy in place that is adhered to.



15. Continuous Improvement

GDPR compliance is an ongoing process. companies should continually monitor and adapt to changes in regulations, industry standards, and emerging threats.

Conclusion: HR as Guardians of Employee Data

HR departments play a pivotal role in GDPR compliance, as they manage and protect employee data. By following best practices and integrating data protection into HR processes, organisations in the UK can create a culture of data privacy, build trust with employees, and ensure GDPR compliance in the workplace. HR, as the guardians of employee data, must lead by example in safeguarding personal information and upholding data protection standards.

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

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Disclaimer 

The above provides a general overview relating to harassment in the workplace and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

03.11.23