HR and the GDPR: keeping your HR technology compliant

What you need to know

If you are unfamiliar with the GDPR, it’s time to get acquainted! The GDPR, or General Data Protection Regulation, increases the rights of individuals to decide what you do with their data. These rights will be granted to any European citizen, so businesses that acquire any of their information will have to adhere to certain rules and regulations put forth by the GDPR.

Your HR software and tools used to process this sensitive information have to comply, as well. This includes anything used to compile or analyze personal data. For example, your ATS tracks and organizes applicant and potential candidate information like resumes/CVs. With this abundance of useful information for HR, the GDPR puts forth that you and your data processors must be transparent, secure, and accountable. 

This updated guide explores how GDPR applies to HR systems, the steps you can take to ensure compliance, and the best practices for utilizing GDPR-compliant HR software to maintain transparency, security, and accountability.

Does the GDPR apply to employee data?

Yes, employee data falls under GDPR protection as it qualifies as personal data. Employers in the EU (or those processing data of EU citizens) must comply with GDPR mandates, including obtaining consent, ensuring data portability, and providing the right to be forgotten.

Eight rights granted by the GDPR (and how this impacts your HR tools)

1. Right of access by the data subject

What this means: What this means: Employees and candidates can request a record of the data you have collected about them.

How to comply:

• Use HR systems that allow for fast retrieval of personal data records.
• Provide clear policies on how data is processed and ensure they’re accessible to employees.
• Ensure all your HR software, such as applicant tracking systems (ATS), supports data transparency.

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 2. Right to rectification

What this means: Individuals can request corrections to inaccurate or outdated information.

How to comply:

• Regularly update your HR database to maintain accuracy.
• Train HR staff to respond to rectification requests quickly.
• Ensure your GDPR-compliant HRMS allows easy data modifications.

3. Right to erasure (“right to be forgotten”)

What this means: Individuals can request that their data be deleted.

How to comply:

• Implement tools that allow for automated deletion of outdated data (e.g., deleting candidate profiles after a job closing).
• Ensure your ATS or HR system has a secure data deletion feature

4. Right to restriction of processing

What this means: Employees or candidates can ask for their data to be suspended from processing.

How to comply:

• Maintain a clear process for marking records as inactive without permanent deletion.
• Ensure your HR tools can flag restricted data to prevent further processing.

5. Right to data portability

What this means: Individuals can request a copy of their personal data in a transferable format.

How to comply:

• Use an HRMS with export capabilities to provide data in commonly used formats (e.g., CSV).
• Clearly communicate how individuals can request their data and the format in which it will be provided.

6. Right to object

What this means: Individuals can request you to stop processing their data indefinitely.

How to comply:

• Ensure your systems have a block/opt-out feature to prevent further processing.
• Regularly review flagged data to ensure compliance with objections.

7. Right to be informed

What this means: Individuals have the right to understand how their personal data is collected, used, stored, and shared. Transparency about these processes builds trust and is a fundamental GDPR requirement.

How to comply:

• Use HR tools that generate clear, accessible privacy notices for employees and candidates.
• Regularly update your organization's privacy policy to ensure it reflects current data practices and compliance.
• Employ an HRMS that tracks consent, documenting when and how individuals were informed about data usage.
• Notify individuals proactively about any significant changes to your data-handling policies.
• Implement HR software with built-in privacy notice creation and management.
• Train HR teams to effectively communicate privacy-related updates and handle queries.

8. Right in relation to automated decision-making and profiling

What this means: GDPR grants individuals the right to object to decisions made entirely through automated processes that significantly affect them. For HR, this often relates to hiring, promotions, or performance evaluations conducted without human oversight.

How to comply:

• Review and adjust your HR processes to avoid fully automated decision-making in critical areas like hiring or promotions.
• Ensure HR software allows for human intervention where needed.
• Clearly explain to employees and candidates how automated decisions are made and provide a mechanism for them to contest such decisions.
• Regularly audit algorithms in use to ensure fairness and compliance with GDPR.

How to make your HR software GDPR compliant

To ensure your HR systems are GDPR-compliant, consider the following:

1.  Evaluate your current HR tools: Review how your current tools handle data processing, storage, and security. Use GDPR-compliant HR software that is designed to manage sensitive data responsibly.
2. Train your HR team: Educate your staff on GDPR basics, including employee rights and compliance procedures. Implement protocols for handling data requests, breaches, and audits.
3. Partner with trusted vendors: Work only with HR software vendors that demonstrate GDPR compliance. Confirm that your providers offer features like automated deletion, access tracking, and secure data export.
4. Utilize GDPR as an employer brand advantage: Highlight your commitment to data privacy on your careers site. Emphasize your use of GDPR-compliant HR technology to attract security-conscious candidates.
5. Most importantly, don’t let the GDPR scare you! Your HR processes will be just fine as long as you are prepared. 

Where to start: GDPR compliance checklist for HR

• Conduct a thorough audit of all HR systems and data-handling practices.
• Confirm that your software supports the six rights outlined by GDPR.
• Update employee and candidate privacy policies to reflect GDPR compliance.
• Maintain a clear record of consent for all data processing activities.
• Implement a comprehensive breach response plan to handle potential incidents.

Final thoughts: Stay prepared and proactive

Following GDPR in HR doesn’t have to be complicated. Using GDPR-compliant HR systems and staying updated on legal changes helps your business meet its obligations while building trust with employees and candidates. Use compliance as an opportunity to strengthen your reputation as a transparent and secure employer.