General Data Protection Regulation (GDPR) – Client Guidance

General Data Protection Regulation (GDPR) – Client Guidance

General Data Protection Regulation (GDPR) – Client Guidance

With a significant change to data protection legislation going live in a few short weeks’ time, we thought it would be useful to provide some insights into how the new General Data Protection Legislation (GDPR) is going to affect the recruitment industry.

How companies collect and process personal data has always been a contentious issue, but from May 25th 2018 a new regulation will come into force that will further clarify what is expected of companies in this regard. GDPR is sure to have an impact across multiple sectors of business, and this is certainly the case in the recruitment industry, affecting not only how recruiters operate but also how companies that utilise recruitment services handle personal data provided to them.

What is GDPR?

The General Data Protection Regulation (GDPR) sets out how “personal data” of individuals living inside the EU can be collected and processed. It also gives individuals (known as a data subjects) a number of rights which will allow them to regain some control over their own data.

What constitutes personal data?

According to the European Commission, “personal data is any information relating to an individual, whether it relates to his or her private, professional or public life. It can be anything from a name, a home address, a photo, an email address, bank details, posts on social networking websites, medical information or a computer’s IP address.”

With regards candidates, most of what recruiters provide to you should be considered as personal data. This includes CVs, right to work, work portfolios and work references.

Who can process data?

In terms of collecting, saving and processing personal data, companies will need to demonstrate that they have at least one lawful basis to do so. These being either:

  • The data subject has given explicit consent to the processing of personal data for one or more specific purposes;
  • Processing is necessary for the performance of a contract to which the data subject is party to, or to take steps at the request of the data subject prior to entering into a contract;
  • Processing is necessary for compliance with a legal obligation to which the controller is subject;
  • Processing is necessary to protect the vital interests of the data subject or of another natural person;
  • Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • OR Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject, which require protection of personal data, in particular if the data subject is a child.

If recruiters are to follow not only the letter of the law but also the spirit of the law then recruiters are required to gain “explicit permission” from candidates to share their personal data with specific people for specific purposes. For example to send details to a data processor at company A in relation to vacancy X.

Some recruitment businesses may instead argue that they have “legitimate interest” in finding an individual a job and therefore do not require explicit consent. This may be technically correct however they must still be able to show that they have informed the data subject of their rights (below) including how their data will be processed prior to processing it.

What rights do individuals have over their data?

  • The right to be informed – Data subjects should have clear and concise information on how their data is to be used
  • The right to access – Upon request, a data user should be informed of the type of data being processed, be given a copy of that data and informed on the purpose of the processing
  • The right to rectification – Data subjects have the right for all data to be rectified if it is proved to be inaccurate
  • The right to erasure – Data subjects have the right for their data to be erased when retention of data is no longer necessary, where the data subject withdraws consent or when it has been gained unlawfully
  • The right to restrict processing
  • The right to data portability
  • The right to object to their data being processed by company A
  • Rights relating to automated decision making and profiling There are a number of exceptions to this right

 As a “data processor” (someone that receives and processes personal data) what do you need to do?

  • Check that you have a GDPR compliant data protection policy
  • If your company has over 250 Employees you will need to appoint a Data Protection Officer
  • Regularly check your recruiters have a lawful basis to process candidates data
  • Minimise the number of people that are able to access candidates data
  • Erase data from your systems following the application process or gain permission from the data subject to retain their data
  • In cases where more than one recruiter puts forward a candidate, in the first instance ask both recruiters to demonstrate that they have a lawful basis for passing on a CV. We would also strongly recommend that you only work with recruiters who can clearly show that the candidate has consented to being represented by them to you.

Sanctions for non-compliance

While it is likely that a written warning will be issued for first offences or for non-intentional non-compliance, ongoing or intentional non-compliance can result in fines of up to €20 million or up to 4% of the annual worldwide turnover.

If you would like to discuss any of the above please contact Christopher Hannah on 01993 225055 or via email on chris@burfordrecruitment.co.uk

Client Tips For Gaining The Best Results From Recruiters

Client Tips For Gaining The Best Results From Recruiters

Are your recruiters failing to deliver results?

Whether you are a small business owner, an internal recruiter, or a procurement director for a multinational corporation, if you use recruitment agencies to fill your vacancies, I would guess that when asked what you want from your recruitment team, that you would all say the same thing.

Whether you are looking to recruit temporary, permanent or contract workers into your business, all you really want is a professional recruitment service that is value for money… Right?

Now there are a lot of companies and individuals out there that will say they have had bad experiences with recruitment agencies. Maybe you are one of them. Maybe you have been struggling to get quality candidates to fill your vacancies despite a plethora of recruiters promising you the world…

But, without meaning to sound controversial, have you ever considered that your working practices might be contributing to your problems? That maybe, despite having the best interests of your company at heart when they were first created and introduced, that they no longer work in the current market?

Here are a few things that you might want to consider if you want to get the best results when engaging a recruiter or a recruitment agency:

Consider Exclusivity (or only using a couple of trusted suppliers)

Imagine you have an urgent vacancy to fill and you don’t have the time or resources to fill it yourself. What are your options? You may already have a PSL of 5-10 agencies in place, or you might be tempted to go to your pin board and call everyone that has contacted you over the last 12 months and get them all working on your vacancy. Surely that will get it filled quickly with minimal fuss? Well believe it or not but this might not be the best strategy:

  1. Firstly, good recruiters will be aware of what their competitors are working on, and as the number of recruiters working on a vacancy increases, so does the risk that the recruiter is working for nothing. As you can imagine this tends to put even the best of us off, and we will inevitably invest less time in your vacancy and more time on the vacancies that give us a higher chance of making money and earning a living.
  2. Secondly, knowing that you are up against other agencies means you are in a race. Speed becomes more important as every agency is fishing in the same candidate pool. This can result in less time being spent on matching and qualifying the candidates to your specific requirements. In the end, you might end up spending a good deal of time rejecting CVs and wishing you had just done it yourself.

Exclusivity however will give an agency a much greater chance of filling a vacancy and as a result they are likely to, not only offer better terms but also allocate much more of their time to you and your role. Knowing they are not in a race will mean the screening and qualifying process can be lengthier and you are more likely to see a higher calibre of CV but a much smaller number.

Remember “value for money” doesn’t mean cheap

So you are nearly ready to go. All that you need to do now is agree terms. You may be tempted to tell your chosen suppliers that JoeBloggsRecruitment.com has agreed to work at 10% and that they will have to match it if they want to work on the vacancy.

Again, this could be a mistake… We are all currently working in a candidate driven market (certainly in West Oxfordshire and throughout the Cotswolds) which means each candidate is likely to have several opportunities available to them.

Consider for a minute that a recruiter has two Project Manager roles with companies paying the same salary in West Oxfordshire. Company A from Witney has terms at 10% and Company B from Stow has terms at 18%. The recruiter sources a great PM. Which job do you think they sell to the candidate first? and which company sees the CV first?

By trying to save a couple of hundred pounds and avoiding paying market rate you could miss out on the best candidates. Worse still your vacancy might remain open for a greater period of time which comes with its own costs to your business.

If you really want value for money and not just the cheapest price, ask what service you will get for your money and negotiate your terms based on what you need from your recruitment partner.

…remember you can only pick two!

Treat your agency supplier like a business partner

Now it stands to reason that the more a recruiter knows about the client, the team, the role, the better placed they are to fully inform the candidate, and the better job they can do at matching candidates to a company’s culture.

So, if your agency partner asks for a visit, or asks to meet the hiring manager, make every effort to facilitate that request. If you don’t, then you shouldn’t be surprised when the first few CVs are not exactly what you were looking for.

It’s also a good idea to adopt a relationship based on “full disclosure”. If your position is vacant because the department leader is “difficult to deal with”, or the location is a “yet to be converted” barn then it is best to be honest about this from the beginning. Your Recruitment partner has a better chance of finding someone that can deal with these challenges if they know about them in advance and the likelihood of a candidate dropping out in the first few months will be greatly reduced.

Treat your candidates with respect

As I outlined earlier in this blog, if you are responsible for hiring or interviewing for your organisation, you need to understand that the way the market currently sits means that good candidates are likely to have a number of opportunities available to them. Unemployment rates and low and there are more jobs than qualified candidates to fill them.

If you are not flexible in your approach, if you take too long, have too many stages, insist on irrelevant additional tests and forms (because you’ve always done them), and if you don’t understand that the candidates are interviewing you too, then you will lose out to your competitors, and it doesn’t matter how good your recruiters (internal or external) are.

Recruitment is a two-way street, and from the moment that a candidate’s CV is submitted you are being judged. Be prepared to give feedback on CVs and interviews in a timely manner, and make sure your interviewers are confident and competent. Your recruiter should let you know what a candidate’s motivation for changing jobs is prior to the interview so that you can cover these points off. If you do like them, you can tell them you like them. You don’t have to keep it a secret and keep them on edge. A positive ending to an interview could be the difference between accepting your offer or someone else’s.

If you do lack experience in interviewing and you don’t have an HR team to support you, your agency should be able to give you some help and many will sit in with you and help conduct the interview if you need that help.

I hope that you find this useful and something to think about when you next choose to employ a recruitment agency.

The Burford Recruitment Company

At the Burford Recruitment Company, we strive to work with clients who understand the value of a good recruitment partner. Should you need any assistance in recruiting across the Cotswolds we would happily have a chat about the best way to help you. We believe we can offer a solution that is “value for money”, just don’t be surprised when we ask for a visit!

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