Since May 25, 2018, after the entry into force of the General Data Protection Regulation (General Data Protection Regulation, GDPR 2016/679), many EU companies are required to accept a new employee for permanent employment. We are talking about an official who will deal with the direction of data protection, or a DPO (Data protection officer).
It is essential to understand that these are critical requirements to comply with the entire regulatory mechanism, since it is this official who is fully responsible for the processing of personal data and the implementation of all other principles of the GDPR, including records of confidentiality, protection, use, data verification (Art. 37 - 39).
The Company provides four weeks of paid vacation per year (Directive (2005/47 / EC);
The Company is obliged to keep up-to-date records of the employee's working time, which perform such work, and consider the job done to be appropriate, and any breaks or vacations such as not provided (Crawford v Network Rail Infrastructure Limited Solution);
Mandatory one day off every 7 working days, regardless of the complexity of the work (Maio Marques da Rosa v Varzimsol); provision of holidays during the religious holidays, an additional 48 hours of rest if it is impossible to determine the control time of other employees (Working Time Directive (Directive 2003/88 / EC of November 4 2003)).
A DPO must be independent of the Company because he or she must be able to balance the interests of the organization with the benefits of people whose data can be processed by the organization. In this regard, the role of the DPO is to some extent comparable to the work council that represents the interests of the workers;
A DPO cannot represent the interests of an organization before the owners of the data, just as it cannot represent the interests of the owners of the data before state authorities;
DPO cannot provide the benefits of state regulatory bodies to the Company, but it is liable for it to communicate changes in legislation for the Company, as well as violations by the Company's employees to state bodies.
To ensure the standards of GDPR, business processes, methods of collecting and storing information, as well as methods of regulating the work of employees in the Company to assess the regulations governing an employee's work should be taken into account. Elements that must necessarily be taken into account by the Company and reflected in the Contract:
In the event of non-compliance with such requirements, the Company will retain obligations to the employees in full if it were to carry out these works correctly regardless of the acceptance of such services by the Company or unilateral termination of the Contract (Negligence Duty vs Nulla negligence principle).