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Gibraltar: GRA publishes guidance on data protection in the employment context
The Gibraltar Regulatory Authority ('GRA') published, on 21 December 2021, guidance on data protection in the employment context. In particular, the GRA noted that the guidance aims to assist in ensuring data protection compliance in the employment context as required by the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') and the Data Protection Act 2004. In this regard, the GRA noted that the document also provides general guidance on the legitimate expectations of employees with regards the processing of their personal data by employers, as well as those of employers in deciding how best, within the boundaries of data protection law, to run their organisations.
- obligations of the employer, including legal basis of processing personal data and accountability requirements;
- recruitment and selection, including advertising, vetting, and retention of recruitment records;
- employment records, including retention of general records, grievances, and dismissals, and outsourcing data processing;
- monitoring in the workplace, including 'bring your own device' ('BYOD') and Data Protection Impact Assessments ('DPIAs');
- remote working; and
- employees' individual rights.
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