The following Employment guidance note provides comprehensive and up to date legal information covering:
Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) was directly applicable in the UK from 25 May 2018, and the main provisions of the Data Protection Act 2018 (DPA 2018) came into force on the same date.
For an overview of the key themes of Regulation (EU) 2016/679, GDPR and DPA 2018, and particular issues of relevance to employment lawyers, see Practice Notes:
The GDPR and DPA 2018: key data protection issues for employment lawyers, and
The GDPR and DPA 2018: lawful processing of personal data in employment
The Information Commissioner’s Office (ICO) has published:
a guide to the GDPR, explaining the provisions of Regulation (EU) 2016/679, GDPR, to help organisations comply with its requirements
detailed consent guidance
detailed guidance on automated decision-making and profiling
detailed guidance on the right to be informed
However, the ICO has not yet published a revised version of the Employment Practices Code, which contains guidance on monitoring at work, in particular regarding the monitoring of electronic communications, video and audio monitoring, covert monitoring and in-vehicle monitoring.
In the absence of a revised Employment Practices Code, it is useful to look at guidance from the European Data Protection Board (EDPB) (formerly the Article 29 Data Protection Working Party), which includes representatives of the data protection authorities from each EU Member State, including
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