Personal data

The employer must constantly ensure that the necessity of processing the employee's personal data is reconciled with the security and protection of the employee's rights.

Thus, the employer must not only inform its employees of the implementation of personal data processing, but also obtain their prior individual consent; the proof of this prior consent is the responsibility of the employer.

Recently, the "G29" (a working group bringing together the European Personal Data committees) published some interesting recommendations concerning the processing of personal data within the framework of labour relations.

Regulation (EU) 2016/679 on personal data ("RGPD"), which comes into force on May 25, 2018, also sets out specific rules in the framework strengthens the obligations of the employer and increases the amount of fines that can be imposed by the CNIL in case of violation.