A Complete Recruiter’s Guide to GDPR Compliance

Laws and regulations apply in every aspect of life. They help us conduct ourselves properly while promoting equality. Additionally, laws assist businesses in facilitating smooth and reliable operations, especially during recruitment. Data protection and privacy are essential for recruitment; thus, employers should update their GDPR recruitment policy.

The general data protection regulation was formulated and imposed by the European Union on all its residents. The main objective is to ensure maximum protection of individuals’ data and information. Therefore, as a recruiter, you are responsible for taking care of your candidate’s data right from the time of job application throughout the recruitment process. Fortunately, we have prepared this guide to GDPR in recruitment to help you in data protection recruitment. Read along for more.

What is GDPR for Recruitment?

GDPR stands for General Data Protection Regulation, a European law protecting people’s data by monitoring how others collect, use, process, store, and remove this personal data. The GDPR recruitment policy applies to all organizations associated with the European Union. Therefore, recruiters need to update their GDPR hr checklists to help them comply with these regulations and benefit from the GDPR recruitment process.

GDPR safeguards candidates’ data and ensures that organizations use it well and any other external source. Individuals have complete control over what happens to their information, making this a mandate for all recruiters. On the contrary, if you fail to follow the GDPR compliance guide, heavy penalties are charged, e.g., a fine. For those new to GDPR, the following are the basic GDPR terms that will help you navigate and be a good recruitment GDPR compliant.

Basic GDPR Terms

1. Data Subject

Data subject refers to your job candidates who submit their data to the hiring company. The personal data include names, contact details, and physical addresses. Although the talent management team is also considered a data subject by the GDPR, their information is processed differently.

2. Data Controller

The data controllers are employers and recruiters responsible for protecting candidates’ data. Additionally, they determine the purpose of collecting candidates’ data.

3. Data Processor

This term refers to the software like Applicant Tracking System and any other legal recruiting software that data controllers use in their hiring process. 

4. Processing

This term refers to any action done with the candidates’ data. It includes collecting, analyzing, recording, storing, and deleting.

How Does GDPR Affect Recruitment and Selection?

The GDPR and recruitment policy boost candidates’ control over their data. So, how does GDPR affect recruitment and selection in an organization? Below are the critical elements found in a GDPR hr checklist.

• Justified Interest In Processing Candidates’ Data

Recruiters are required by the GDPR to only collect candidates’ data for specific legalized purposes. For instance, you need to take job-related data and contact the candidates as soon as possible. Additionally, candidates have a right to be forgotten by the employer. They have the power to ask you to delete all their data. Moreover, they can inquire about their information and make any necessary changes. These rights must be upheld within a month of candidates’ request; otherwise, you will be breaching the GDPR recruitment policy. 

• You Need Candidates’ Consent To Process Data

The GDPR consent for recruitment agencies requires them to constantly seek candidates’ permission before processing and sharing their data. Moreover, sensitive data like disability information, religion, and genetic and biometric information should not be processed anyhow by employers.

Furthermore, recruiters should provide candidates with a guide on how they can withdraw their consent if need be. For example, it is an offense in GDPR data protection recruitment for candidates to receive a job invite where they did not apply to work. The bond of contention will be who gave the company the candidates’ information, consequently leading to legal charges.

• Transparency in Processing Candidates’ Data

You should make the candidates trust you with their information. How is this possible? Employers and recruiters should have privacy policies to share with the candidates. Additionally, candidates should know where you store their data and the whole recruiting process. Therefore, this is an essential aspect of recruitment GDPR compliant that every employer should adopt to earn candidates’ trust and increase the chances of hiring top talent.

• Assume Responsibility and Accountability

In an excellent GDPR recruitment policy, employers must comply with the GDPR compliance guide. Your organization is accountable for whom you partner up with in running your business. Therefore, all the stakeholders must comply with the GDPR compliance guide for recruiters. On the contrary, your company will be held accountable for all the damages caused.

• Employ a Data Protection Officer

To streamline the role of data protection recruitment, companies are hiring specialists in data protection. These specialists ensure that all candidates’ data are safe and that communication between the company and the candidates is clear. Additionally, they also ensure that all stakeholders adhere to the GDPR and recruitment rules adhere to by all stakeholders.

• Remaining Compliant To the End

Employers cannot hire all the applicants at once; some qualify, but there is no room to hire them. Therefore, you may need to store such candidates’ data for future referral and engagement. The GDPR recruitment policy requires employers to seek the candidates’ consent to store their data, clearly stating the reasons and the duration it will take. However, if the agreed period expires, you should renew the agreement or decide to end it as agreed formerly.

• Penalties

The data controllers should be aware of the consequences of not adhering to the GDPR compliance guide for recruiters. The typical penalty by the Information Commission Office is a fine depending on the legislated rate. Therefore, employers must be careful when working under the GDPR compliance guide.

Tips to Ensure Compliance With The GDPR 

Seek Second Approval

Employers should ensure they get candidates’ consent before processing their data. Furthermore, if they wish to store it for future references, recruiters must seek second approval from the candidate before using the data.

Create a Privacy Policy for Recruiting

Organizations must formulate a transparent privacy policy that shows how they collect and process the candidates’ data. Additionally, employers must give candidates a copy of the GDPR recruitment policy to ensure they agree with the terms.

Candidate Sourcing Should Comply With GDPR

Recruiters should follow all the required steps by the GDPR when sourcing talent. As a result, you will hire candidates who are not only skilled but also compliant with the GDPR guidelines. Therefore, the entire sourcing process should comply with the GDPR and recruitment policy.

Review your Candidate Database

Candidate data is for the recruitment process and nothing more. Therefore, you should ensure that your system collects only relevant information and if you dont consider a candidate fit, delete their information from your system.

Use Processors with a Solid Privacy Policy

Your ATS provider should comply with the GDPR to protect candidates’ data. As a result, your company will also be able to comply, and your hiring process will be effective.

Conclusion

The GDPR recruitment policy has highly promoted the protection of candidates’ data during recruitment. The laws and regulations have benefited candidates because they have complete control over their information. As a result, candidates have a great recruitment experience with companies that have already absorbed these laws in their sourcing strategy. Therefore, use our GDPR compliance guide for recruiters and get the change you want in recruitment.