CLV Partners

CLV-02

Legislative changes on the bill related to GDPR

It became necessary with the entry into force and application of the GDPR, amend the domestic sectoral laws, which proposals are expected to be adopted by the Parliament this week. The draft also affects the provisions of the Labour Code.

Provisions related to workplace data management are defined under a new title Data Process after the section of protection of privacy rights. According to this, in addition to the employer, the works council and the trade union may also request employees to make a statement or to disclose any information for exercising their rights or fulfilling their obligations as defined in the Labour Code. In regard to the provisions above, they may also request to present them a document, thus, storing and copying them cannot be necessary for the above reasons, it is sufficient to present them and record the necessary data.

Based on the draft, the processing of biometric identifiers has been further regulated, that the employee’s biometric data can be processed for the purpose of identifying the data subject if it is necessary to prevent unauthorized access to a thing or data which would endanger the life, bodily integrity or health of the employee or others, or the serious or massive irreversible harm of a significant interest protected by law.

Regarding monitoring of the workplace, it has been recorded in the draft, surprising many people that the employee may only use the computing device provided by the employer for the purpose of performing the employment relationship. The parties may differ from this rule by mutual agreement, however, by default, these devices cannot be used by the employee for private purposes at all. Although the draft provides that the employer may only monitor employment-related data when monitoring, it also qualifies, for the purposes of the above entitlement, the data necessary to verify compliance with the private use restriction.

The provisions of the above draft have not yet been adopted, so we will inform you about its subsequent adoption or possible modifications later on.