GDPR Policy

Policy Statement
Recruit 12 Ltd is fully committed to the General Data Protection Regulation 2018 and we work extensively to ensure compliance.  The Company will, therefore, embed procedures to ensure that all individuals who have access to personal data held by, or on behalf of, the Company are fully aware of and abide by their duties and responsibilities under the GDPR.

Recruit 12 Ltd regards the lawful and correct treatment of personal information as essential to its successful operations and to maintaining confidence between the Company, its employees, clients, candidates, and temporary workers.  The Company will therefore treat personal information lawfully and always have a legal basis on which to retain and use personal information.  To this end, the Company fully endorses and adheres to the Principles of Data Protection as set out in the General Data Protection Regulation 2018.

Recruit 12 Ltd is registered in the register of data controllers with the Information Commissioner’s Office (registration number A8084809 ICO:00045205186) and this registration is renewed on an annual basis.

1. Interpretation
   1. Definitions:

2. Automated Decision-Making (ADM): when a decision is made which is based solely on Automated Processing (including profiling) which produces legal effects or significantly affects an individual. The GDPR prohibits Automated Decision-Making (unless certain conditions are met) but not Automated Processing.

3. Automated Processing: any form of automated processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to an individual, in particular, to analyse or predict aspects concerning that individual's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. Profiling is an example of Automated Processing.

4. Company Personnel: all employees, workers contractors, agency workers, consultants, directors, members and others, as applicable.

5. < >: agreement which must be freely given, specific, informed, and be an unambiguous indication of the Data Subject's wishes by which they, by a statement or by clear positive action, signifies agreement to the Processing of Personal Data relating to them.

   Data Breach Form: the ICO Data Breach Form located in Schedule 1

6. Data Controller: the person or organisation that determines when, why, and how to process Personal Data. It is responsible for establishing practices and policies in line with the GDPR. We are the Data Controller of all Personal Data relating to our Company Personnel and Personal Data used in our business for our own commercial purposes.

7. Data Subject: a living, identified, or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.  In particular, this will include Candidates, temporary workers, and employees.

8. Data Privacy Impact Assessment (DPIA): tools and assessments used to identify and reduce risks of a data processing activity. DPIA can be carried out as part of Privacy by Design and should be conducted for all major system or business change programs involving the Processing of Personal Data.

9. Data Protection Officer (DPO): the person required to be appointed in specific circumstances under the GDPR. Where a mandatory DPO has not been appointed, this term means a data protection manager or other voluntary appointment of a DPO or refers to the Company data privacy team with responsibility for data protection compliance.

10. < >: the 28 countries in the EU, and Iceland, Liechtenstein and Norway.

    Explicit Consent: consent which requires a very clear and specific statement (that is, not just action).

11. General Data Protection Regulation (GDPR): the General Data Protection Regulation ((EU) 2016/679). Personal Data is subject to the legal safeguards specified in the GDPR.

12. Personal Data: any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Sensitive Personal Data and Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person's actions or behaviour.

13. Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity or availability of Personal Data or the physical, technical, administrative or organisational safeguards that we or our third-party service providers put in place to protect it. The loss, or unauthorised access, disclosure or acquisition, of Personal Data is a Personal Data Breach.

14. Privacy by Design: implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the GDPR.

15. Privacy Notices (also referred to as Fair Processing Notices) or Privacy Policies: separate notices setting out information that may be provided to Data Subjects when the Company collects information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, employee privacy notices or the website privacy policy) or they may be stand-alone, one time privacy statements covering Processing related to a specific purpose.

16. Processing or Process: any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.

17. Pseudonymisation or Pseudonymised: replacing information that directly or indirectly identifies an individual with one or more artificial identifiers or pseudonyms so that the person, to whom the data relates, cannot be identified without the use of additional information which is meant to be kept separately and secure.

18. Related Policies: the Company's policies, operating procedures or processes related to this Data Protection Policy and designed to protect Personal Data.

19. Sensitive Personal Data: information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions.

2. Introduction

This Data Protection Policy sets out how Recruit 12 Ltd ("we", "our", "us", "the Company") handle the Personal Data of our customers, suppliers, employees, workers and other third parties.

This Data Protection Policy applies to all Personal Data we Process regardless of the media on which that data is stored or whether it relates to past or present employees, workers, customers, clients or supplier contacts, shareholders, website users or any other Data Subject.

This Data Protection Policy applies to all Company Personnel ("you", "your"). You must read, understand and comply with this Data Protection Policy when Processing Personal Data on our behalf and attend training on its requirements. This Data Protection Policy sets out what we expect from you in order for the Company to comply with applicable law. Your compliance with this Data Protection Policy is mandatory. Related Policies are available to help you interpret and act in accordance with this Data Protection Policy. You must also comply with all such Related Policies.  Any breach of this Data Protection Policy may result in disciplinary action. 

This Data Protection Policy (together with Related Policies and Privacy Guidelines) is an internal document and cannot be shared with third parties, clients or regulators without prior authorisation from the DPO.

3. Scope

We recognise that the correct and lawful treatment of Personal Data will maintain confidence in the organisation and will provide for successful business operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times. The Company is exposed to potential fines of up to EUR20 million (approximately £18 million) or 4% of total worldwide annual turnover, whichever is higher and depending on the breach, for failure to comply with the provisions of the GDPR.

All employees, workers contractors, agency workers, consultants, directors are responsible for ensuring all Company Personnel comply with this Data Protection Policy and need to implement appropriate practices, processes, controls and training to ensure such compliance. 

The DPO is responsible for overseeing this Data Protection Policy and, as applicable, developing Related Policies and Privacy Guidelines. That post is held by Matthew Jones, 07903 643321, matthewj@recruit12.com

Please contact the DPO with any questions about the operation of this Data Protection Policy or the GDPR or if you have any concerns that this Data Protection Policy is not being or has not been followed. In particular, you must always contact the DPO in the following circumstances:

1. if you are unsure of the lawful basis which you are relying on to process Personal Data (including the legitimate interests used by the Company) (see section [5.1] below);
2. if you need to rely on Consent and/or need to capture Explicit Consent (see section [5.2] below);
3. if you need to draft Privacy Notices or Fair Processing Notices (see section [5.3] below);
4. if you are unsure about the retention period for the Personal Data being Processed (see section 10 below);
5. if you are unsure about what security or other measures you need to implement to protect Personal Data (see section 11.1 below);
6. if there has been a Personal Data Breach (section 11.2] below);
7. if you are unsure on what basis to transfer Personal Data outside the EEA (see section 12] below);
8. if you need any assistance dealing with any rights invoked by a Data Subject (see section 13]);
9. whenever you are engaging in a significant new, or change in, Processing activity which is likely to require a DPIA (see section 14.4] below) or plan to use Personal Data for purposes others than what it was collected for;
10. If you plan to undertake any activities involving Automated Processing including profiling or Automated Decision-Making (see section 14.5 below);
11. If you need help complying with applicable law when carrying out direct marketing activities (see section 14.6]  below); or
12. if you need help with any contracts or other areas in relation to sharing Personal Data with third parties (including our vendors) (see section 14.7] below).

4. Personal data protection principles

We adhere to the principles relating to Processing of Personal Data set out in the GDPR which require Personal Data to be:

1. Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).
2. Collected only for specified, explicit and legitimate purposes (Purpose Limitation).
3. Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation).
4. Accurate and where necessary kept up to date (Accuracy).
5. Not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation).
6. Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality).
7. Not transferred to another country without appropriate safeguards being in place (Transfer Limitation).
8. Made available to Data Subjects and Data Subjects allowed to exercise certain rights in relation to their Personal Data (Data Subject's Rights and Requests).

We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).

5. Lawfulness, fairness, transparency
   5. Lawfulness and fairness

Personal data must be Processed lawfully, fairly and in a transparent manner in relation to the Data Subject.

You may only collect, Process and share Personal Data fairly and lawfully and for specified purposes. The GDPR restricts our actions regarding Personal Data to specified lawful purposes. These restrictions are not intended to prevent Processing, but ensure that we Process Personal Data fairly and without adversely affecting the Data Subject. 

The GDPR allows Processing for specific purposes, some of which are set out below:

1. the Data Subject has given his or her Consent;
2. the Processing is necessary for the performance of a contract with the Data Subject;
3. to meet our legal compliance obligations.;
4. to protect the Data Subject's vital interests; or
5. to pursue our legitimate interests for purposes where they are not overridden because the Processing prejudices the interests or fundamental rights and freedoms of Data Subjects. The purposes for which we process Personal Data for legitimate interests need to be set out in applicable Privacy Notices or Fair Processing Notices.

You must identify and document the legal ground being relied on for each Processing activity.

5. Consent

A Data Controller must only process Personal Data on the basis of one or more of the lawful bases set out in the GDPR, which include Consent.

A Data Subject consents to Processing of their Personal Data if they indicate agreement clearly either by a statement or positive action to the Processing. Consent requires affirmative action so silence, pre-ticked boxes or inactivity are unlikely to be sufficient. If Consent is given in a document which deals with other matters, then the Consent must be kept separate from those other matters. For example, we currently request a candidate’s consent when they sign up with the Company to receive notifications around potential jobs and for us to provide job seeking services. 

Data Subjects must be easily able to withdraw Consent to Processing at any time and withdrawal must be promptly honoured. Consent may need to be refreshed if you intend to Process Personal Data for a different and incompatible purpose which was not disclosed when the Data Subject first consented.

Unless we can rely on another legal basis of Processing, Explicit Consent is usually required for Processing Sensitive Personal Data, for Automated Decision-Making and for cross border data transfers. Usually we will be relying on another legal basis (and not require Explicit Consent) to Process most types of Sensitive Data. Where Explicit Consent is required, you must issue a Fair Processing Notice to the Data Subject to capture Explicit Consent.  Sensitive Personal Data may be particularly relevant when collecting personal and work information from a candidate or temporary worker, therefore, it is important to ensure you take particular care whenever collecting and processing such information.

You will need to evidence Consent captured and keep records of all Consents so that the Company can demonstrate compliance with Consent requirements.

5. Transparency (notifying data subjects)

The GDPR requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. Such information must be provided through appropriate Privacy Notices or Fair Processing Notices which must be concise, transparent, intelligible, easily accessible, and in clear and plain language so that a Data Subject can easily understand them.

Whenever we collect Personal Data directly from Data Subjects, including for human resources or employment purposes, we must provide the Data Subject with all the information required by the GDPR including the identity of the Data Controller and DPO, how and why we will use, Process, disclose, protect and retain that Personal Data through a Fair Processing Notice which must be presented when the Data Subject first provides the Personal Data.

When Personal Data is collected indirectly (for example, from a third party or publicly available source), you must provide the Data Subject with all the information required by the GDPR as soon as possible after collecting/receiving the data. You must also check that the Personal Data was collected by the third party in accordance with the GDPR and on a basis which contemplates our proposed Processing of that Personal Data.

You must comply with the Company's Privacy Policy at all times when collecting data

6. Purpose limitation

Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be further Processed in any manner incompatible with those purposes. 

You cannot use Personal Data for new, different or incompatible purposes from that disclosed when it was first obtained unless you have informed the Data Subject of the new purposes and they have Consented where necessary.

7. Data minimisation

Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed.

You may only Process Personal Data when performing your job duties requires it. You cannot Process Personal Data for any reason unrelated to your job duties.

You may only collect Personal Data that you require for your job duties: do not collect excessive data. Ensure any Personal Data collected is adequate and relevant for the intended purposes.

You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or anonymised in accordance with the Company's data retention guidelines.

8. Accuracy

Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.

You will ensure that the Personal Data we use and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. You must check the accuracy of any Personal Data at the point of collection and at regular intervals afterwards. You must take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.

9. Storage limitation

Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.

You must not keep Personal Data in a form which permits the identification of the Data Subject for longer than needed for the legitimate business purpose or purposes for which we originally collected it including for the purpose of satisfying any legal, accounting or reporting requirements.

The Company will maintain retention policies and procedures to ensure Personal Data is deleted after a reasonable time for the purposes for which it was being held, unless a law requires such data to be kept for a minimum time. You must comply with the Company's guidelines on Data Retention, set out below.

You will take all reasonable steps to destroy or erase from our systems all Personal Data that we no longer require in accordance with all the Company's applicable records retention schedules and policies. This includes requiring third parties to delete such data where applicable.

You will ensure Data Subjects are informed of the period for which data is stored and how that period is determined in any applicable Privacy Notice or Fair Processing Notice. 

10. Data Retention and Disposal

We will retain Personal Data for a reasonable duration to provide a Candidate or worker with our services, or support our Company Personnel, as follows:

 

Type of Records	Statutory Retention Period	Statutory Authority
Accident book / accident records & reports	3 years from date of the last entry (or if the accident involves a child, until that person reaches the age of 21.	Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) (SI 1995/3163) as amended, and Limitation Act 1980.
Accounting records	3 years	Section 221 of the Companies Act 1985 modified by the Companies Acts 1989 and 2006.
Income tax and NI returns, income tax records and correspondence with HMRC	Not less than 3 years after the end of the financial year to which they relate.	The Income Tax (Employments) Regulations 1993 (SI 1993/744) as amended, for example by The Income Tax (Employments) (Amendment No. 6) Regulations 1996 (SI 1996/2631).
Statutory maternity pay records, calculations, certificates or other medical evidence	3 years after the end of the tax years in which the maternity period ends.	The Statutory Maternity Pay (General) Regulations 1986 (SI 1986/1960) as amended.
Wage / salary records, overtime, bonuses, expenses	6 years	Taxes Management Act 1970.
National minimum wage records	3 years after the end of the pay reference period following the one that the records cover.	National Minimum Wage Act 1998
Records relating to working time	2 years from the date on which they were made	The Working Time Regulations 1998 (SI 1998/1833).

For many types of HR records, there is no definitive retention period and we are required to consider carefully how long to keep them.The Company has based our records retention periods below on the time limits for potential UK tribunal or civil claims and guidance in the Conduct of Employment Agencies and Employment Businesses Regulations 2003.The UK Limitation Act 1980 contains a 6-year time limit for starting many legal proceedings, so where documents may be relevant to a contractual claim, we will keep these records for at least this period. Other records may be retained longer or permanently.These retention periods are in line with CIPD recommendations.

 

Type of Records	Minimum Retention Period
Actuarial valuation reports	Permanently
Application forms and interview notes (for unsuccessful candidates)	6-12 months.
Assessments under health and safety regulations and records of consultations with safety representatives and committees	Permanently
Inland Revenue/HMRC approvals	Permanently
Parental leave	5 years from birth/adoption of the child or 18 years if the child receives a disability allowance.
Pension scheme investment policies	12 years from the ending of any benefit payable under the policy.
Candidate files, personnel files and training records (including disciplinary records and working time records)	3 years after the date on which we last provide services to the associated applicant or client or 3 years after employment has ended. We may hold data significantly longer if contractually required to do so, and for contract clients we will hold all data relating to service provided for a minimum of seven years after the contract expires.  Where such records could be relevant to a claim for personal injury, we will retain them for a minimum of 21 years from contract expiry.
Redundancy details, calculations of payments, refunds, notification to the Secretary of State	6 years from the date of redundancy
Senior executives' records (that is, those on a senior management team or their equivalents)	Permanently
Statutory Sick Pay records, calculations, certificates, self-certificates	6 years after the employment ceases.
Timesheets	2 years after audit
Trade union agreements	10 years after ceasing to be effective

 

Disposal of Records

 

The DPO has overall responsibility for decisions on whether to retain or dispose of Records and to apply this Policy across the business.   

 

The DPO may delegate the carrying out of this function to personnel who have been appropriately trained and nominated.  (“Authorised users”)

 

The DPO will ensure that a record retention log, is kept up to date. They will also maintain the records of personal data and liaise with senior management to ensure that personal data is retained in a secure way and only the minimum amount of data is retained for an appropriate duration.

 

Legal Advice

  

If the Authorised Users or any other personnel are unsure as to any legal requirements for the retention or destruction of data, then any action must be paused whilst further advice is sought.

 

Initial guidance will be provided by the DPO and if they are unable to assist or clarify, then advice should be sought from legal counsel before acting.

 

However, the operational knowledge required to decide rests with the Company.  This is the responsibility of the DPO and the Board of the Company.      

 

Disposal

 

Records, including any containing personal data, which are to be disposed of in the confidential waste, should be made available for collection by use of the confidential waste bins and sacks which are located around the Company’ offices.

 

Confidential electronic Records should be securely and permanently deleted by Authorised Users.

 

Records of disposal will be maintained by the DPO or their Authorised Users, and will detail the Record disposed of/deleted, the date and who authorised the document’s disposal.            

 

Disposable Information

 

Disposable information consists of data that may be discarded or deleted at the discretion of the user once it has served its temporary useful purpose and/or data that may be safely destroyed because it is not a required to be stored under this Data Protection Policy. Examples may include:

 

• Duplicates of originals that have not been annotated.

• Preliminary drafts of letters, memoranda, reports, worksheets, and informal notes that do not represent significant steps or decisions in the preparation of an official record.

• Books, periodicals, manuals, training binders, and other printed materials obtained from sources outside of the Company and retained primarily for reference purposes. Spam and junk mail.

   

11. Security integrity and confidentiality
    11. Protecting Personal Data

Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.

We will develop, implement and maintain safeguards appropriate to our size, scope and business, our available resources, the amount of Personal Data that we own or maintain on behalf of others and identified risks (including use of encryption and Pseudonymisation where applicable). We will regularly evaluate and test the effectiveness of those safeguards to ensure security of our Processing of Personal Data. You are responsible for protecting the Personal Data we hold. You must implement reasonable and appropriate security measures against unlawful or unauthorised Processing of Personal Data and against the accidental loss of, or damage to, Personal Data. You must exercise particular care in protecting Sensitive Personal Data from loss and unauthorised access, use or disclosure.

You must follow all procedures and technologies we put in place to maintain the security of all Personal Data from the point of collection to the point of destruction. You may only transfer Personal Data to third-party service providers who agree to comply with the required policies and procedures and who agree to put adequate measures in place, as requested.

You must maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:

1. Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.
2. Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed.
3. Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.

You must comply with all applicable aspects of our Privacy Policy OR comply with and not attempt to circumvent the administrative, physical and technical safeguards we implement and maintain in accordance with the GDPR and relevant standards to protect Personal Data.

Reporting a Personal Data Breach

The GDPR requires Data Controllers to notify any Personal Data Breach to the applicable regulator and, in certain instances, the Data Subject.

We have put in place procedures and use the standard notification form provided by the ICO, to deal with any suspected Personal Data Breach and will notify Data Subjects or any applicable regulator where we are legally required to do so. The form can be found at the end of this Policy. 

If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the matter yourself. Immediately contact the DPO or any other person or team designated as the key point of contact for Personal Data Breaches.

12. Transfer limitation

The GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined. You transfer Personal Data originating in one country across borders when you transmit, send, view or access that data in or to a different country. 

You may only transfer Personal Data outside the EEA if one of the following conditions applies:

1. the European Commission has issued a decision confirming that the country to which we transfer the Personal Data ensures an adequate level of protection for the Data Subjects' rights and freedoms;
2. appropriate safeguards are in place such as binding corporate rules (BCR), standard contractual clauses approved by the European Commission, an approved code of conduct or a certification mechanism, a copy of which can be obtained from the DPO;
3. the Data Subject has provided Explicit Consent to the proposed transfer after being informed of any potential risks; or
4. the transfer is necessary for one of the other reasons set out in the GDPR including the performance of a contract between us and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving Consent and, in some limited cases, for our legitimate interest.

13. Data Subject's rights and requests

Data Subjects have rights when it comes to how we handle their Personal Data. These include rights to:

1. withdraw Consent to Processing at any time;
2. receive certain information about the Data Controller's Processing activities;
3. request access to their Personal Data that we hold;
4. prevent our use of their Personal Data for direct marketing purposes;
5. ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;
6. restrict Processing in specific circumstances;
7. challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;
8. request a copy of an agreement under which Personal Data is transferred outside of the EEA;
9. object to decisions based solely on Automated Processing, including profiling (ADM);
10. prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
11. be notified of a Personal Data Breach which is likely to result in high risk to their rights and freedoms;
12. make a complaint to the supervisory authority; and
13. in limited circumstances, receive or ask for their Personal Data to be transferred to a third party in a structured, commonly used and machine readable format.

You must verify the identity of an individual requesting data under any of the rights listed above (do not allow third parties to persuade you into disclosing Personal Data without proper authorisation).

You must immediately forward any Data Subject request you receive to a Director or the DPO.

14. Accountability
    14. The Data Controller must implement appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles. The Data Controller is responsible for, and must be able to demonstrate, compliance with the data protection principles. 

The Company must have adequate resources and controls in place to ensure and to document GDPR compliance including:

1. appointing a suitably qualified DPO (where necessary) and an executive accountable for data privacy;
2. implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;
3. integrating data protection into internal documents including this Data Protection Policy, Related Policies, Privacy Guidelines, Privacy Notices or Fair Processing Notices;
4. regularly training Company Personnel on the GDPR, this Data Protection Policy, Related Policies and Privacy Guidelines and data protection matters including, for example, Data Subject's rights, Consent, legal basis, DPIA and Personal Data Breaches. The Company must maintain a record of training attendance by Company Personnel; and
5. regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.
14. Record keeping

The following checklist demonstrates our compliance with the General Data Protection Regulation.Please note that there is a limited exemption for small and medium-sized organisations relating to documenting processing activities under which Recruit 12 Ltd currently falls.       

We will keep and maintain accurate corporate records reflecting our Processing including records of Data Subjects' Consents and procedures for obtaining Consents.

These records should include, at a minimum, the name and contact details of the Data Controller and the DPO when formally appointed, clear descriptions of the Personal Data types, Data Subject types, Processing activities, Processing purposes, third-party recipients of the Personal Data, Personal Data storage locations, Personal Data transfers, the Personal Data's retention period and a description of the security measures in place. In order to create such records, data maps should be created which should include the detail set out above together with appropriate data flows.

 

The Company will require your assistance in maintaining such records.

 

Documentation of Processing Activities

14. Training and audit

We are required to ensure all Company Personnel have undergone adequate training to enable them to comply with data privacy laws. We must also regularly test our systems and processes to assess compliance.

You must undergo all mandatory data privacy related training and ensure your team undergo similar mandatory training in accordance with the Company's mandatory training guidelines. 

You must regularly review all the systems and processes under your control to ensure they comply with this Data Protection Policy and check that adequate governance controls and resources are in place to ensure proper use and protection of Personal Data.

14. Privacy By Design and Data Protection Impact Assessment (DPIA)

We are required to implement Privacy by Design measures when Processing Personal Data by implementing appropriate technical and organisational measures (like Pseudonymisation) in an effective manner, to ensure compliance with data privacy principles.

You must assess what Privacy by Design measures can be implemented on all programs/systems/processes that Process Personal Data by taking into account the following:

1. the state of the art;
2. the cost of implementation;
3. the nature, scope, context and purposes of Processing; and
4. the risks of varying likelihood and severity for rights and freedoms of Data Subjects posed by the Processing.

Data controllers must also conduct DPIAs in respect to high risk Processing. 

You should conduct a DPIA (and discuss your findings with the DPO) when implementing major system or business change programs involving the Processing of Personal Data including:

5. use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);
6. Automated Processing including profiling and ADM;
7. large scale Processing of Sensitive Data; and
8. large scale, systematic monitoring of a publicly accessible area.

A DPIA must include:

1. a description of the Processing, its purposes and the Data Controller's legitimate interests if appropriate;
10. an assessment of the necessity and proportionality of the Processing in relation to its purpose;
11. an assessment of the risk to individuals; and
12. the risk mitigation measures in place and demonstration of compliance.
14. Automated Processing (including profiling) and Automated Decision-Making

Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual unless:

1. a Data Subject has Explicitly Consented;
2. the Processing is authorised by law; or
3. the Processing is necessary for the performance of or entering into a contract.

If certain types of Sensitive Data are being processed, then grounds (b) or (c) will not be allowed but such Sensitive Data can be Processed where it is necessary (unless less intrusive means can be used) for substantial public interest like fraud prevention.

If a decision is to be based solely on Automated Processing (including profiling), then Data Subjects must be informed when you first communicate with them of their right to object. This right must be explicitly brought to their attention and presented clearly and separately from other information. Further, suitable measures must be put in place to safeguard the Data Subject's rights and freedoms and legitimate interests.

We must also inform the Data Subject of the logic involved in the decision making or profiling, the significance and envisaged consequences and give the Data Subject the right to request human intervention, express their point of view or challenge the decision.

A DPIA must be carried out before any Automated Processing (including profiling) or ADM activities are undertaken.

14. Direct marketing 

We are subject to certain rules and privacy laws when marketing to the public, candidates and temporary workers.

For example, a Data Subject's prior consent is required for electronic direct marketing (for example, by email, text or automated calls).

The right to object to direct marketing must be explicitly offered to the Data Subject in an intelligible manner so that it is clearly distinguishable from other information.

A Data Subject's objection to direct marketing must be promptly honoured. If a customer opts out at any time, their details should be suppressed as soon as possible. Suppression involves retaining just enough information to ensure that marketing preferences are respected in the future.

14. Sharing Personal Data

Generally we are not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place.

You may only share the Personal Data we hold with another employee, agent or representative of our group (which includes our subsidiaries and our ultimate holding Company along with its subsidiaries) if the recipient has a job-related need to know the information and the transfer complies with any applicable cross-border transfer restrictions.

You may only share the Personal Data we hold with third parties, such as our HR and Legal Advisor/ Accountants/ IT support service providers if:

1. they have a need to know the information for the purposes of providing the contracted services;
2. sharing the Personal Data complies with the Privacy Notice provided to the Data Subject and, if required, the Data Subject's Consent has been obtained;
3. the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place;
4. the transfer complies with any applicable cross border transfer restrictions; and 
5. a fully executed written contract that contains GDPR approved third party clauses has been obtained.

15. Changes to this Data Protection Policy

We reserve the right to change this Data Protection Policy at any time without notice to you so please check back regularly to obtain the latest copy of this Data Protection Policy. We last revised this Data Protection Policy on 11/05/2018.

This Data Protection Policy does not override any applicable national data privacy laws and regulations in countries where the Company operates.

 

SCHEDULE 1

ICO DATA BREACH FORM

 

 

 

 

Data protection breach notification form

This form is to be used when data controllers wish to report a breach of the Data Protection Act to the ICO. It should not take more than 15 minutes to complete.

If you are unsure whether it is appropriate to report an incident, you should read the following guidance before completing the form: Notification of Data Security Breaches to the Information Commissioner’s Office.

Please provide as much information as possible and ensure that all mandatory (*) fields are completed. If you don’t know the answer, or you are waiting on completion of an internal investigation, please tell us. In addition to completing the form below, we welcome other relevant supporting information, eg incident reports.

In the wake of a data protection breach, swift containment and recovery of the situation is vital. Every effort should be taken to minimise the potential impact on affected individuals, and details of the steps taken to achieve this should be included in this form.

 

1. Organisation details

 

1. * What is the name of your organisation – is it the data controller in respect of this breach?

    

2. Please provide the data controller’s registration number. Search the online Data Protection Public Register.

 

1. * Who should we contact if we require further details concerning the incident? (Name and job title, email address, contact telephone number and postal address)

 

1. Details of the data protection breach

 

1. * Please describe the incident in as much detail as possible.

 

1. * When did the incident happen?

 

1. * How did the incident happen?

    

2. If there has been a delay in reporting the incident to the ICO please explain your reasons for this.

 

1. What measures did the organisation have in place to prevent an incident of this nature occurring?

    

2. Please provide extracts of any policies and procedures considered relevant to this incident, and explain which of these were in existence at the time this incident occurred. Please provide the dates on which they were implemented.

 

1. Personal data placed at risk

 

1. * What personal data has been placed at risk? Please specify if any financial or sensitive personal data has been affected and provide details of the extent.

    

2. * How many individuals have been affected?

    

3. * Are the affected individuals aware that the incident has occurred?

    

4. * What are the potential consequences and adverse

                                    effects on those individuals?

 

(e)        Have any affected individuals complained to the organisation about the incident?

 

1. Containment and recovery

 

1. * Has the organisation taken any action to minimise/mitigate the effect on the affected individuals? If so, please provide details.

 

1. * Has the data placed at risk now been recovered? If so, please provide details of how and when this occurred.

 

1. What steps has your organisation taken to prevent a recurrence of this incident?

 

1. Training and guidance

 

1. As the data controller, does the organisation provide its staff with training on the requirements of the Data Protection Act? If so, please provide any extracts relevant to this incident here.

    

2. Please confirm if training is mandatory for all staff. Had the staff members involved in this incident received training and if so when?

 

1. As the data controller, does the organisation provide any detailed guidance to staff on the handling of personal data in relation to the incident you are reporting? If so, please provide any extracts relevant to this incident here.

 

1. Previous contact with the ICO

 

1. * Have you reported any previous incidents to the ICO in the last two years?

 

1. If the answer to the above question is yes, please provide: brief details, the date on which the matter was reported and, where known, the ICO reference number.

 

1. Miscellaneous

 

1. Have you notified any other (overseas) data protection authorities about this incident? If so, please provide details.

 

1. Have you informed the Police about this incident? If so, please provide further details and specify the Force concerned.

    

2. Have you informed any other regulatory bodies about this incident? If so, please provide details.

    

3. Has there been any media coverage of the incident? If so, please provide details of this.

    

Sending this form

Send your completed form to casework@ico.org.uk, with ‘DPA breach notification form’ in the subject field, or by post to: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. Please note that we cannot guarantee security of forms or any attachments sent by email.

 

What happens next?

When we receive this form, we will contact you within seven calendar days to provide:

 

• a case reference number; and

• information about our next steps

   

  If you need any help in completing this form, please contact our helpline on
  0303 123 1113 or 01625 545745 (operates 9am to 5pm Monday to Friday)