Do not use employees’ consent in processing personal data
Nearly a year after the implementation of Regulation 679/27-Apr-2016 on the protection of individuals with regard to the processing of personal data, many personal data controllers still base the processing of their employees’ data on their consent.
Generally, among the documents managed by HR departments in each employee’s file is a standardized declaration through which the employee freely (?!), explicitly, unequivocally, and sometimes even irrevocably (?!), consents to the processing of all their data in any manner (?!), by the employer.
Such a declaration only creates the appearance of legality in the processing of an employee’s data, while in reality, it has no practical legal implication (as if it had not even been drafted).
Considering the opinions expressed by data protection specialists at the European Union level and the practices of control authorities in the European area, we have prepared a material dedicated to employers recommending they cease using standardized declarations from their own employees, as they risk violating the law and facing significant financial penalties.
The article is published on the platform www.juridice.ro, one of the most prestigious legal information publications in Romania.
