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It is a common personal data protection regulation that every employer must take into consideration when storing and processing personal data in the course of searching for new employees or managing current employees. The Regulation introduces a number of changes to the legal framework in place by 2018, introducing multiple rights for individuals, data subjects, and a lot of obligations for administrators and personal data processors, including employers. More information about what obligations you have under GDPR when looking for employees can be found here.
Yes, when an employer announces a vacancy by publishing an advertisement, it defines the purposes for which it will collect personal data (applications) of individuals as "data subjects," in which case it acts as a data controller. This role raises a number of obligations for the employer, who is required to provide certain rights to the data subjects under the new regulation. For more information on the rights of data subjects, please read here.
When a candidate applies to your ad, whether through a job site, email or website, you are the administrator of his / her personal data and you are entitled to keep his / her application up to 6 months from the date of application unless the data subject has given further consent to process its data for a longer period. In this case, you are responsible for safeguarding the privacy of the data subject and providing a sufficient level of security for the protection of personal data. You are responsible for keeping access to your account by using a suitable password and not disclosing it to others, as well as keeping safely all copies made on your computer stored in your mail or in another location in electronic or printed species.
The GDPR requires the storage of data, in this case - applications, to be a period no longer than is necessary to achieve the declared purpose, in this case - the appointment of an employee of the respective position. Task Force 29 specifies 6 months as the recommended deadline for storing an application. In case you do not receive any additional consent from the candidates, you will need to delete their details (except the details of the hired candidates) from all places where they are stored, whether stored on your computer, in an e-mail account, a job site or printed on paper. If you want to keep the application for a longer period, you are required to request additional consent from the data subject. For this purpose, JobSpace.bg provides the opportunity for requesting additional consent from the candidates as soon as the announcement is published. In addition, JobSpace.bg is fully GDPR compliant and after the expiration of the 6-month deadline, access to applications without further consent will be terminated, and those profiles that are classified and added to Talent Space will be anonymized.
You can keep applications for a longer period if you have a reason to do so. For example, if the jobseeker has given additional consent.
The legal basis for the storage and processing of personal data may be: - to conclude a contract - in case of hiring - legal obligations bound by regulations, codes, and laws - legitimate interest - explicit consent of the data subject
Because one of the data subjects' rights under GDPR is the obligation of data controllers to inform individuals about how they store, process, and protect personal data, for what purpose and on what basis. It is, therefore, necessary for each employer to have a personal data protection policy that is available when applying and to provide the necessary information to job seekers.
JobSpace.bg provides the opportunity to request additional consents regarding the storage and processing of candidates' personal data for other purposes of the employer, in accordance with GDPR requirements.
Because this is one of the rights that data subjects have under the new regulation (GDPR). Upon receiving inquiries or requests from candidates under the GDPR, you are required to take the necessary action without undue delay.
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