The Law on Labor Relations does not prescribe the method […]
This method of delivering the payroll to employees is not […]
The provisions of the law apply regardless of whether certain […]
Granularity is closely related to the need for consent to […]
According to Article 94 of the ZZLP, the processing of […]
No. The retention period is prescribed in the Labor Law […]
No. According to Article 10, paragraph (1) of the ZZLP, […]
The beauty salon processes data based on an agreement between […]
No. In such a case, the processing is based on […]
No. According to Article 96 of the ZZLP, the processing […]
Can the controller require proof of paid leave from the employee?
The Law on Labor Relations does not prescribe the method for determining the right to paid leave. Requesting evidence in a case where the employee has the right to paid leave (due to important personal reasons such as the birth of a child) to confirm the justification of [...]
Can payslips be sent to employees via email?
This method of delivering the payroll to employees is not contrary to the provisions of the law, provided that appropriate technical and organizational measures are applied.
Does the law apply to publicly released data?
The provisions of the law apply regardless of whether certain personal data were previously made public. Hence, if the controller intends to process personal data, it must have an appropriate legal basis for the processing in accordance with Article 10 of the GDPR. Also, since the personal data [...]
What should contain the so-called granular consent regarding the protection of personal data?
Granularity is closely related to the need for consent to be specific. Namely, when consent is given for several different purposes (while the purpose of the processing must be as specific as possible), granularity means that the purposes are separated and that a separate consent is given for [...]
In the case of processing personal data for the purposes of direct marketing, does the legal entity need to obtain prior express consent from the subject of personal data for any type of direct marketing, regardless of whether it involves profiling related to direct marketing?
According to Article 94 of the ZZLP, the processing of personal data for the purposes of direct marketing, including profiling to the extent that it relates to direct marketing, is permitted only if the personal data is processed after the subject of personal data has given express consent [...]
Does the company have an obligation to ask employees who leave the workplace to sign a consent to keep their personal data?
No. The retention period is prescribed in the Labor Law and the employer has a legal basis (legal obligation) for the processing, and therefore there is no need to use consent.
In the case of entering into business relations with clients (bank), the law prescribes a mandatory listing of all persons related to the client, with first/surname, unique citizen identification number (EMBG), etc. Does this situation require consent to the processing of the personal data of the related persons specified by the client of the bank?
No. According to Article 10, paragraph (1) of the ZZLP, there are six legal bases for processing personal data: consent; contract; legal obligation; substantial interests; public interest/public authority; legitimate interest. There must be an appropriate legal basis for any processing of personal data. Hence, the legal basis for [...]
Does a beauty salon need to have consent from customers?
The beauty salon processes data based on an agreement between the salon and the client. However, at the time of photographing a person for marketing purposes, another legal basis is required, such as consent or legitimate interest.
Is ordering a product/service via email considered consent?
No. In such a case, the processing is based on a contract/actions that precede the conclusion of a contract, therefore there is no need for consent, nor is the order via e-mail considered consent.
Can a company send marketing messages/emails without the individual’s consent?
No. According to Article 96 of the ZZLP, the processing of personal data for the purposes of direct marketing, which includes profiling to the extent that it relates to direct marketing, is permitted only if the personal data is processed after the subject of personal data has given [...]