Data Protection Policy

Policy:

Data Protection Policy

Date:

19th March 2019

Version:

2

This document complements Eurolux Consulting’s Privacy Policy.

Contents

  • 1. Introduction and Brexit notice
  • 2. Definitions
  • 3. Data processing under the Data Protection Laws
    • 3.1 The data protection principles
    • 3.2 Legal bases for processing
    • 3.3 Privacy by design and by default
  • 4. Rights of the Individual
    • 4.1 Privacy notices
    • 4.2 Subject access requests
    • 4.3 Rectification
    • 4.4 Erasure
    • 4.5 Restriction of processing
    • 4.6 Data portability
    • 4.7 Object to processing
    • 4.8 Enforcement of rights
    • 4.9 Automated decision making
  • 5. Personal data breaches
    • 5.1 Personal data breaches where Eurolux is the data controller
    • 5.2 Personal data breaches where Eurolux is the data processor
    • 5.3 Communicating personal data breaches to individuals
  • 6. The Human Rights Act 1998
  • 7. Complaints

Annex – The legal bases for processing personal data

1.      Introduction

Who we are

Eurolux Consulting Ltd is a limited company, whose registered address is Wey Court West, Union Road, Farnham, Surrey, United Kingdom, GU9 7PT, U.K. and whose business address is Clockhouse, Dogflud Way, Farnham, Surrey, GU9 7UD, UK.

Pursuant to the terms of the Conduct of Employment Agencies and Employment Business Regulations 2003, Eurolux operates as an employment agency, being in the business of providing services for the purpose of supplying employers with workers for employment, or of finding workers employment.

We are registered with the UK’s data protection regulator, the Information Commissioner’s Office, as a Data Controller with registration number Z2914289.

Our Data Protection Officer is Bruce Milne.

Data protection

All organisations that process personal data are required to comply with data protection legislation.  This includes in particular the Data Protection Act 2018 and the EU General Data Protection Regulation (GDPR), (herein called the ‘Data Protection Laws’).  The Data Protection Laws give individuals (known as ‘data subjects’) certain rights over their personal data whilst imposing certain obligations on the organisations that process their data.

As a recruitment agency, Eurolux Consulting Ltd (herein Eurolux) collects and processes personal data and on some occasions sensitive personal data.  It is required to process personal data to comply with legislation.  It is also required to keep this data for different periods depending on the nature of the data.  

This policy sets out how Eurolux implements the Data Protection Laws.  It should be read in conjunction with our privacy policy.

Brexit

At the date of this document, the terms and date of Brexit are not yet know. 

Eurolux Consulting will continue to adhere to its obligations under the General Data Protection Regulation (the GDPR), and to the UK’s national legislation beyond the UK’s exit.  GDPR is directly effective whilst the UK is part of the EU, and beyond the UK’s exit date, the Government has committed to adopt its terms in new national legislation as a matter of priority.

When the terms of Brexit are known, Eurolux will also make best efforts to meet any additional regulatory obligations it will have as a non-EU entity to the relevant European Regulator, just as soon as is reasonably practicable.

In the meantime, Eurolux Consulting continues to be regulated by the Information Commissioner’s Office, the UK’s independent body to protect information rights. 

2.      Definitions

 In this policy the following terms have the following meanings:

consent means any freely given, specific, informed and unambiguous indication of an individual’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;

data controller means an individual or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data;

data processor means an individual or organisation which processes personal data on behalf of the data controller;

personal data means any information relating to an individual who can be identified, such as by a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data;

processing means any operation or set of operations performed on personal data, such as collection, recording, organisation, structuring, storage (including archiving), adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

profiling means 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 natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to an individual without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable individual;

sensitive personal data means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data, data concerning health, an individual’s sex life or sexual orientation and an individual’s criminal convictions.

Supervisory Authority means an independent public authority which is responsible for monitoring the application of data protection. In the UK the Supervisory Authority is the Information Commissioner’s Office (ICO).

All of these definitions are italicised throughout this policy to remind the reader that they are defined terms.

3.      Data processing under the Data Protection Laws

Eurolux processes personal data in relation to its own staff, work-seekers and individual client contacts and is a data controller for the purposes of the Data Protection Laws. Eurolux has registered with the UK’s Information Commissioner’s Office (ICO) and its registration number is Z2914289.

Eurolux may hold personal data on individuals for the following purposes: 

  1. Administration and processing of work-seekers’ personal data for the purposes of providing work-finding services, including processing using software solution providers and back office support
  2. Administration and processing of clients’ personal data for the purposes of supplying/introducing work-seekers
  3. Staff administration
  4. Accounts and records
  5. Marketing, advertising, and public relations
  6. (For other purposes as set out in our privacy policy)

3.1     The data protection principles  

The Data Protection Laws require Eurolux acting as either data controller or data processor to process data in accordance with the principles of data protection. These require that personal data is:

  • Processed lawfully, fairly and in a transparent manner;
  • Collected for specified and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
  • Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
  • Accurate and kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
  • Kept for no longer than is necessary for the purposes for which the personal data are processed;
  • Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures; and that
  • The data controller shall be responsible for, and be able to demonstrate, compliance with the principles.

3.2       Legal bases for processing

Eurolux will only process personal data where it has a legal basis for doing so (see Annex A and refer to our privacy policy for a discussion of the relevant legal basis in any particular instance).

Eurolux will review the personal data it holds on a regular basis to ensure it is being lawfully processed and it is as accurate, relevant and is as up to date as reasonably practicable, bearing in mind that Eurolux can only do so from publicly available sources or from direct information provided by you.  You are under a duty to let us know of any significant updates to your details that you want us to know about, in order to help us comply.

Before transferring personal data to any third party (such as past, current or prospective employers, suppliers, customers and clients, intermediaries such as umbrella companies, persons making an enquiry or complaint and any other third party (such as software solutions providers and back office support), Eurolux will establish that it has a legal reason for making the transfer.

3.3     Privacy by design and by default 

Eurolux has implemented measures and procedures that adequately protect the privacy of individuals and ensures that data protection is integral to all processing activities. This includes implementing measures such as:

  • data minimisation (i.e. not keeping data for longer than is necessary);
  • technical security, and
  • physical security.

4.      Rights of the individual

Eurolux shall provide any information relating to data processing to an individual in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The information shall be provided in writing, or by other means, including, where appropriate, electronically. Eurolux may provide this information orally if requested to do so by the individual. 

4.1       Privacy notices

Where Eurolux collects personal data from the individual, Eurolux will give the individual a privacy notice at the time when it first obtains the personal data.

Where Eurolux collects personal data other than from the individual directly, it will give the individual a privacy notice within a reasonable period after obtaining the personal data, but at the latest within one month.  If Eurolux intends to disclose the personal data to a third party then the privacy notice will be issued when the personal data are first disclosed (if not issued sooner).

Where the GDPR was not in force at the date of the collection of such indirectly obtained personal data, Eurolux sent out privacy notices retrospectively as soon as was reasonably practicable.

Where Eurolux intends to further process the personal data for a purpose other than that for which the data was initially collected, Eurolux will give the individual information on that other purpose and any relevant further information before it does the further processing.

4.2       Subject access requests

The individual is entitled to access their personal data on request from the data controller, where such data does not interfere with the privacy rights of others.  Where there is any doubt about the identity of the requesting party, Eurolux reserves the right to ask for confirmation of identity before actioning the request.   Eurolux will seek to respond within 1 month or the request, of appropriate identification, whichever is the later. 

Eurolux does not have to comply with the request if it would mean disclosing information about another individual who can be identified from that information, unless that other individual has consented to the disclosure, or where it is reasonable in all of the circumstances to comply with the request without that individual’s consent.

4.3       Rectification

The individual or another data controller at the individual’s request, has the right to ask Eurolux to rectify any inaccurate or incomplete personal data concerning the individual in question.

If Eurolux has given the personal data to any third parties it will tell those third parties that it has received a request to rectify the personal data unless this proves impossible or involves disproportionate effort. Those third parties should also rectify the personal data they hold.  However, Eurolux will not be in a position to audit those third parties to ensure that the rectification has occurred.

4.4       Erasure

The individual has the right to ask Eurolux to erase his or her personal data.  

Eurolux cannot keep a record of individuals whose data we have erased, so the individual may be contacted again by Eurolux should Eurolux come into possession of the individual’s personal data at a later date.

If Eurolux receives a request to erase personal data, we will ask the individual if he or she wants:

  • Eurolux to entirely remove their personal data from our data management system, (with the risk that the individual will be contacted again in future if we receive a job application, or see their profile and assess it as one of interest), or
  • Eurolux to maintain a record of his or her name and year of birth, but otherwise delete all other records on our data management system, or
  • Eurolux to maintain the data but put a note that the individual does not want to be contacted in the future (for a specified period or otherwise).

If Eurolux has disclosed the personal data to a third party, we shall take reasonable steps to inform such other data controllers and data processors processing the personal data that Eurolux has received a request to erase the personal data, and ask the third party to erase the personal data, taking into account available technology and the cost of implementation.  However, Eurolux will not be in a position to audit those third parties to ensure that the erasure has occurred.

4.5       Restriction of processing

The individual has the right to ask Eurolux to restrict its processing of an individual’s personal data where:

  • the individual contests the accuracy of their personal data and is verifying the accuracy of the data;
  • the data has been unlawfully processed (i.e. in breach of the lawfulness requirement of the first principle of the GDPR) and the individual opposes erasure and requests restriction instead;
  • Eurolux no longer needs the personal data but the individual needs you to keep it in order to establish, exercise or defend a legal claim; or
  • the individual has objected to Eurolux processing their data under Article 21(1), and where Eurolux is considering whether its legitimate grounds override those of the individual.

If Eurolux has given the personal data to any third parties it will tell those third parties that it has received a request to restrict the personal data, unless this proves impossible or involves disproportionate effort. Those third parties should also restrict the personal data they process.  However, Eurolux will not be in a position to audit those third parties to ensure that the rectification has occurred.

Eurolux may refuse the individual’s request where it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature.

Upon the cessation of such restriction, Eurolux will inform the individual.

4.6       Data portability

The individual shall have the right to receive personal data concerning him or her, which he or she has provided to Eurolux, in a structured, commonly used and machine-readable format and have the right to transmit those data to another data controller in circumstances only where:

  • The processing is based on the individual’s consent or a contract; and
  • The processing is carried out by automated means.

Where feasible, Eurolux will send the personal data to a named third party on the individual’s request.   This right to portability does not exist where Eurolux relies on the legitimate interest justification for processing.

References provided by a third party about a data subject are not subject to the right of data portability.

4.7       Object to processing

The individual has the right to object to their personal data being processed based on a public interest or a legitimate interest. The individual will also be able to object to the profiling of their data based on a public interest or a legitimate interest.

Upon such notification, Eurolux shall cease processing unless it has compelling legitimate grounds to continue to process the personal data which override the individual’s interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

The individual has the right to object to their personal data being used for the purpose of direct marketing, or to specify preferred methods of contact for marketing or other purposes.  All such requests all requests can be made by email to  brucemilne@euroluxconsulting.com and also to  privacy@euroluxconsulting.com.

4.8       Enforcement of rights

You should send all requests regarding enforcement of an individual’s rights to Bruce Milne at brucemilne@euroluxconsulitng.com and also to  privacy@euroluxconsulting.com.

Eurolux shall act upon any subject access request, or any request relating to rectification, erasure, restriction, data portability or objection or automated decision making processes or profiling within 30 days of receipt of adequate proof of identity of the request. Eurolux may extend this period for two further months where necessary, taking into account the complexity and the number of requests.

Where Eurolux considers that a request under this section is manifestly unfounded or excessive due to the request’s repetitive nature Eurolux may either refuse to act on the request or may charge a reasonable fee taking into account the administrative costs involved.

4.9       Automated decision-making

Eurolux does not subject individuals to decisions based on automated processing.

5.      Personal data breaches 

Reporting personal data breaches

All data breaches should be referred to Bruce Milne as Data Protection Officer.  

5.1       Personal data breaches where Eurolux is the data controller:

Where Eurolux establishes that a personal data breach has taken place, Eurolux will take steps to contain and recover the breach.  Eurolux will then make an assessment of the likelihood of a risk to the rights and freedoms of any individual following the breach. 

Where a personal data breach is likely to result in a risk to the rights and freedoms of any individual, Eurolux will notify the ICO.

Where the personal data breach happens outside the UK, and the breach is likely to result in a risk to the rights and freedom of the individual, Eurolux shall alert the relevant Supervisory Authority for data breaches in the relevant jurisdiction.

5.2       Personal data breaches where Eurolux is the data processor:

Eurolux will alert the relevant data controller as to the personal data breach as soon as they are aware of the breach.

5.3       Communicating personal data breaches to individuals

Where Eurolux has identified a personal data breach resulting in a high risk to the rights and freedoms of any individual, Eurolux shall tell all affected individuals without undue delay.

Eurolux will not be required to tell individuals about the personal data breach where:

  • Eurolux has implemented appropriate technical and organisational protection measures to the personal data affected by the breach, in particular to make the personal data unintelligible to any person who is not authorised to access it, such as encryption, or
  • Eurolux has taken subsequent measures which ensure that the high risk to the rights and freedoms of the individual is no longer likely to materialise, or
  • It would involve disproportionate effort to tell all affected individuals. Instead, Eurolux shall make a public communication or similar measure to tell all affected individuals.

6.      The Human Rights Act 1998

All individuals have the following rights under the Human Rights Act 1998 (HRA) and in dealing with personal data these should be respected at all times: 

  • Right to respect for private and family life (Article 8).
  • Freedom of thought, belief and religion (Article 9).
  • Freedom of expression (Article 10).
  • Freedom of assembly and association (Article 11).
  • Protection from discrimination in respect of rights and freedoms under the HRA (Article 14)

7.      Complaints

If you have any concern or complaints about our conduct in respect of this policy, in the first instance, we will always encourage you to speak to us about any concern you may have, and we will do our utmost to address your concern adequately.  Please provide us with as much information about your concern, including the nature of the data affected, your concerns and any rectification of data that is required.   

If the recruitment consultant concerned cannot adequately assist you, then please email brucemilne@euroluxconsulting.com and he will review the situation and respond within 30 days of your contact to him.

If we cannot resolve your concerns, you may make a complaint to our supervisory body, which in the United Kingdom is the Information Commissioner’s Office.  

The ICO can be contacted through this link:  https://ico.org.uk/concerns/

a)   The lawfulness of processing conditions for personal data are: 

  1. Consentof the individual for one or more specific purposes.
  2. Processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the individual which require protection of personal data, in particular where the individual is a child.
  3. Processing is necessary for the performance of a contract with the individual or in order to take steps at the request of the individual to enter into a contract.
  4. Processing is necessary for compliance with a legal obligation that the controller is subject to.
  5. Processing is necessary to protect the vital interestsof the individual or another person.
  6. Processing is necessary for the performance of a task carried out in the public interestor in the exercise of official authority vested in the data controller.

b)   The lawfulness of processing conditions for sensitive personal data are:

  1. Explicit consent of the individual for one or more specified purposes, unless reliance on consent is prohibited by EU or Member State law.
  2. Processing is necessary for carrying out data controller’s obligations under employment, social security or social protection law, or a collective agreement, providing for appropriate safeguards for the fundamental rights and interests of the individual.
  3. Processing is necessary to protect the vital interests of the individual or another individual where the individual is physically or legally incapable of giving consent.
  4. In the course of its legitimate activities, processing is carried out with appropriate safeguards by a foundation, association or any other not-for-profit body, with a political, philosophical, religious or trade union aim and on condition that the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without the consent of the individual.
  5. Processing relates to personal data which are manifestly made public by the individual.
  6. Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
  7. Processing is necessary for reasons of substantial public interest on the basis of EU or Member State law which shall be proportionate to the aim pursued, respects the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the individual.
  8. Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of EU or Member State law or a contract with a health professional and subject to the necessary conditions and safeguards.
  9. Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare and of medicinal products or medical devices, on the basis of EU or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the individual, in particular professional secrecy.
  10. Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard fundamental rights and interests of the individual.

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