Talent hunting season is open: how not to fall prey to data protection regulators

2023 02 23
With the global talent shortage, it is clear that there will be no shortage of challenges for HR professionals in their arduous search for talents. In addition, it is vital to bear in mind that the search for the most qualified candidate is not only about assessing the candidate’s qualities but also about the processing of their personal data. Needless to say, the GDPR requirements also come into play here.
WALLESS Associate Partner Guoda Šileikytė provides her recommendations on how to manage the GDPR challenges and not become prey during a talent hunt:
• If you are considering using an external company to find talent, carry out an analysis first to make sure it operates in accordance with the GDPR;
• Prepare a GDPR-compliant privacy notice so that candidates are adequately informed about the processing of their personal data;
• Be tolerant and understanding during job interviews, do not interfere in private matters, e.g., marriage status, past criminal offenses (except in some instances when inquiring is allowed by law), etc.;
• Don‘t be intrusive – you may contact the current candidate‘s employer or check private social accounts only with their consent;
• Remember that you can only retain the candidate’s data for a short period of time after the selection process (e. g. for six months) based on legitimate interest; for longer retention, you must obtain the consent of the candidate;
• Train your staff to avoid data breaches (e.g., an email sent to the wrong candidate) during the recruitment process.
#compliance #gdpr #recruitment #HR

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