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When hiring your first employee, in addition to a good employment contract, the GDPR also comes into play. You will be processing your employee's personal data and must arrange the necessary steps for this: a legal basis, retention periods, an internal privacy statement, and appropriate security measures.
You are going to process personnel data
From your first employee, you process personal data: name, address, BSN, salary details, and more. The legal basis for this is usually the performance of the employment contract and statutory obligations (such as payroll administration). Do not process more data than necessary.
Pay attention to application details
Applicant data also falls under the GDPR. You may not retain data of rejected candidates for longer than necessary; generally, you delete this data shortly after the procedure, unless the applicant gives permission to retain it longer. Be careful in this regard.
Special information and the company doctor
Health data is special personal data. In the event of illness, you may only record what is strictly necessary; the nature of the complaints is the responsibility of the company doctor, not you. Therefore, do not ask what is wrong with an employee.
Arrange a privacy statement and security
Inform your employee about what you do with their data via an internal privacy statement. Additionally, ensure appropriate security and limited access to personnel data, and do not retain data longer than the applicable retention periods prescribe.
Frequently Asked Questions
What GDPR matters do I need to arrange for my first employee?
A legal basis for processing, appropriate retention periods, an internal privacy statement, appropriate security, and careful handling of application and health data.
How long am I allowed to retain application data?
No longer than necessary; usually a short period after the procedure, unless the applicant consents to a longer period.
May I ask what is wrong with a sick employee?
No. You only record what is strictly necessary; the nature of the complaints is the responsibility of the company doctor.
Hiring your first employee properly (and GDPR-compliant)?
Our legal experts draft your employment contract and internal privacy statement . View our privacyteam or schedule a free consultation.
