In the case of resumes submitted for possible future employment or advertised positions, does the company have an obligation to obtain the consent of the candidates to have their resumes stored in the prospective candidate database?

The employer can try to prove his legitimate interest by conducting a legitimate interest test or ask for the candidate’s consent (the consent must meet the conditions given in Article 11 of the ZZLP).

In any case, the candidate must be aware of such processing in accordance with the principle of transparency.