Changes In The Protection Of Employment Related Personal Data

On 14 September 2017, long-awaited drafts of new laws adjusting the provisions of Polish law to the Regulation (EU) 2016/679 – General Data Protection Regulation ("GDPR"), which will take effect on 25 May 2018.

The draft law comprises: (1) the draft of a new personal data protection law, and (2) a draft of a new law setting out the legal provisions implementing the personal data protection law, which introduces amendments to 132 legal acts, including the Labour Code, and the law on the company's social benefit fund.

New basis for personal data processing

Distinction between the personal data of persons applying for jobs (candidates for employment) and actual employees was preserved. At the same time, the legislator proposed crucial changes that relate, first and foremost, to the legal basis and the catalogue of data processed.