In general, courts process personal data based on a legal […]
There must be an appropriate legal basis for the processing […]
According to Article 13 of the ZZLP, biometric data are […]
The employer can try to prove his legitimate interest by […]
If the retention period is established in a law that […]
The employer can install a GPS device on an official […]
The content of the invoice is determined by several laws, […]
The Law on Labor Relations does not prescribe the method […]
Can information about employees that is needed in a labor dispute be submitted to the court?
In general, courts process personal data based on a legal obligation or public authority. The courts need such information to determine and prove the facts in the proceedings that are conducted on the dispute, so the controller must provide the information to the court.
In case of an audit, should the consent of the employees be ensured or is it enough that they are informed?
There must be an appropriate legal basis for the processing of personal data according to Article 10 of the GDPR. If the audit is carried out in accordance with the law, then the consent cannot be legally applicable except for the processing.
In the case of an access control system based on biometric data, does the legal entity have to inform the AZLP before starting to process such data and what documents should be submitted to the AZLP for that purpose?
According to Article 13 of the ZZLP, biometric data are a special category of personal data. The condition for legal processing is the legal basis from Article 10, paragraph (1) of the ZZLP and the existence of one of the exceptions given in Article 13, paragraph (2) of [...]
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 [...]
Given the economic dynamics and the need for companies to adapt to new requirements and trends to keep up with market competitors, do they have an obligation to keep employee records for a period of 45 years after the employee has left the company, as required by applicable regulations?
If the retention period is established in a law that regulates labor relations, then there is a legal basis for such processing of personal data according to Article 10, paragraph (1), point (c) of ZZLP. It is important to understand that consent is not the only legal basis [...]
Can an employer install a GPS device on a company vehicle?
The employer can install a GPS device on an official vehicle if he can prove the existence of a legitimate interest in the same. Namely, workers sometimes use the company's resources for private purposes, so it can be said that there is a legal basis for the processing [...]
Can the employee’s name and surname appear on an issued invoice?
The content of the invoice is determined by several laws, for example, the Law on Value Added Tax, the Law on Registration of Cash Payments. Among other things, one of the elements of the bill's content is a label for the operator (person) of the billing instrument itself. [...]
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 [...]
