Country-Specific legal requirement
Country-specific legal requirement:
In Germany, we collect details of our candidates’ religious affiliation to facilitate our payroll process. As this is a necessary legal requirement, we don’t seek your explicit consent to process this information.
In accordance with local law, we have the right to refuse to respond to your DSAR in circumstances where your data are only being held: (i) pursuant to a legal obligation to retain them; or (ii) for the purposes of monitoring data protection or safeguarding data, in each case where providing the information would require a disproportionate effort, and appropriate technical and organisational measures make processing for other purposes impossible.
Requests to erase your data
Where your data are not being processed in an automated way, unless your data are being processed unlawfully, we will not be required to erase your data if erasure would be impossible or would involve a disproportionate effort due to the specific method of storage, provided that we think your interest in erasure is minimal.
Where your data are being processed in an automated way, we will also have the right to refuse to erase your data if we have reason to believe that such erasure will adversely affect your legitimate interests, or if such erasure would cause us to breach any legal obligation to retain your data for a specific period. Instead, in these circumstances, processing of your data will be restricted in the particular ways envisaged by the GDPR.
Candidates, clients and suppliers
In all other e-marketing circumstances, we are required to obtain your specific “opt-in” consent and we are required to keep records of such consent having been received. To comply with our obligations under the Act Against Unfair Competition, we undertake what is commonly known as the “double-opt-in” consent procedure, which is where we first ask you to opt-in to receive e-marketing, and we then send you an email asking you to confirm that you have given your consent. We may only add you to our marketing list once we have received this second email confirmation.
Certain aspects of German law suggest a blurring of the line between recruitment candidates and employees. While we do not consider that this blurring was intended to apply in respect of candidates in the context of a recruitment business, should that not be the case, we would rely on the employment-specific provisions of the GDPR (and German law, i.e. the German Data Protection Act-new) to ensure that we can continue to process your data fairly and lawfully.
The employment-specific provisions permit the processing of personal data of employees for employment-related purposes where necessary for hiring decisions or, after hiring, for carrying out or terminating the employment contract or to exercise or satisfy rights and obligations of employees’ representation laid down by law or by collective agreements or other agreements between the employer and any staff council. For more information, please see section 26 of the German Data Protection Act-new.