GDPR protects your employees’ personal data – a fact since 25 May!

Since 25 May, stricter privacy rules in the framework of the General Data Protection Regulation apply! The processing of your employees' personal data (name, address, email address, civil status, age, etc.) is even better protected today. This is a brief review of the most important aspects of the General Data Protection Regulation in the relationship with your employees.

1. European General Data Protection Regulation - stricter rules

In our Infoflash "Get prepared for the stricter European Privacy regulations and avoid high penalties” we already informed you about the obligations you as an employer have to comply with: the increased obligation to provide information, the appointment of the Data Protector Officer etc. Furthermore, the register of processing activities replaces the declaration to the Privacy Commission

2. Belgian privacy legislation

Also note that Belgian legislation has long been in place to protect the privacy of your employees. For example: collective agreement 68 concerning camera surveillance in the workplace, collective agreement 81 applicable when monitoring the use of email and the Internet by your employee etc. In addition to the General Data Protection Regulation, you must also continue to comply with these agreements. This was explained in detail in our Infoflash "GDPR and the Belgian social security legislation.

3. Data Protection Authority - stronger powers

Since 25 May, the Data Protection Authority succeeds the Privacy Committee. The Data Protection Authority has much wider powers. On the one hand, it has a preventive advisory and informative role. On the other hand, it has a supervisory role, it can carry out checks, issue warnings and sanctions.

4. In practice

In the run-up to 25 May 2018 we have assisted you with:

• The GDPR package consisting of a model privacy agreement, a register of processing activities and a vade-mecum explaining both working documents.
• Model documents (annex to the employment regulations) to inform your employees about the cameras you install in the workplace, to inform them about the monitoring of the email and internet use etc.
• A practical webinar. You can still (re)view it via the following link: https://www.partena-professional.be/fr/categorie/evenements/webinars/

If you would like to receive the GDPR package or if you would like legal assistance in complying with the privacy regulations towards your employees, please contact Legalpartners@partena.be.

5. In a nutshell - 25 May 2018

Sources: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 96/46/EC (General Data Protection Regulation); Act of 8 December 1992 on the protection of the workers’ privacy with regard to the processing of personal data; collective bargaining agreement No. 68 of 16 June1998 on the protection of the workers’ privacy as regards camera surveillance in the workplace; collective bargaining agreement No. 81 of 26 April 2002 on the protection of the workers’ privacy as regards the monitoring of electronic on-line communication data; collective bargaining agreement No. 89 of 30 January 2007 with regard to theft prevention and exit control in the workplace when they leave the company.

Author: Katia De Wilde

04/06/2018