Categories:Employment,Germany,UK

Is consent the best approach to processing employee data?

Inevitably, employers are required to process the personal data of their employees during the employment relationship. The Data Protection Act 1998 (DPA) provides that personal data must not be processed unless at least one of the conditions in Schedule 2 of the DPA is met.

The Schedule 2 conditions which are most likely to apply in an employment context include: where the data subject has given his or her consent to processing; where processing is necessary for the performance of the employment contract; where processing is necessary for compliance with any legal obligation (other than an obligation imposed by contract); and where processing is necessary in order to protect the vital interests of the data subject.

Many aspects of processing employee data do not require specific consent and fall within another Schedule 2 condition. For example, providing information to HMRC to enable salaries to be paid via payroll is likely to be necessary for the performance of the employment contract…

If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Taylor Wessing

View more briefings from Taylor Wessing

Analysis from The Lawyer

  • merger deal

    Corporate crunch time: who will triumph at The Lawyer Awards 2014?

    As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014. 

  • singapore orchid

    Singapore: Cash course

    The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world

View more analysis from The Lawyer

Overview

5 New Street Square
London
EC4A 3TW
UK
http://www.taylorwessing.com

Turnover (£m): 241.20
No. of lawyers: 860 (UK 200)
Jurisdiction: UK
No. of offices: 6
No. of qualified lawyers: 73 (International 50)
No. of partners: 29