Data privacy in the workplace

Our data privacy solution provides legal analysis and practical guidance on handling employee information

How it works

Our practical analysis is designed to reduce organisations' external legal fees, and save time in understanding how global data protection and privacy obligations impact the handling of employee data.

Across 60+ jurisdictions, we provide:

  • FAQs on key data privacy issues that arise across the employee lifecycle (e.g. at recruitment, during employment, and when the employment relationship has ended)
  • Clear, colour-coded information, underpinned by detailed legal analysis targeted at in-house legal and HR teams
  • A quick, accurate and easy to understand multi-jurisdiction comparison tool
  • Carefully curated email alerts, cutting through the noise with updates that matter

All as part of a subscription to our data privacy solution.

How it works

Practical scenarios covered

Pre-employment: recruiting new employees

  • can we use automated systems to short-list job applicants?
  • what are the rules on running background checks when hiring employees? 
  • when hiring, can we request and/or collect criminal offence data?
  • what risks are associated with requesting and/or collecting health data?
  • is it problematic to carry out our own checks of online sources (e.g. social media)?
  • how do we respond to applicants who request access to records made during the recruitment process?
  • can we retain an applicant’s personal information?

During employment: managing the employee lifecycle

  • can we begin monitoring employee emails, track the use and location of company vehicles, install CCTV, undertake covert monitoring, or record telephone calls?
  • what restrictions are there on collecting health information (e.g. Covid-19 vaccination status or records of infection/recovery)? 
  • can we carry out drug and alcohol testing on our employees? 
  • what are the risks of undertaking equal opportunities (e.g. diversity and inclusion) monitoring?

Post-employment: managing personal data of former employee

  • what should we consider when retaining the personal data of former employees?
  • are there specific rules or risks when providing references for former employees (e.g. to their potential future employer)? 

A practical example

Your offices and factories in Asia need to understand the data protection and privacy risks of drug and alcohol testing on employees. Can you take one approach across all jurisdictions? What are the general risks and considerations? Have there been relevant fines or other enforcement actions in those countries? 

By running a comparison on aosphere, you can obtain a quick and clear overview of the position across the relevant jurisdictions. If further detail is required, you can click through to our in-depth legal analysis in the shape of a formal memorandum from leading local counsel.

Screenshot showing employment data privacy data point compared across jurisdictions. Extracted from Rulefinder Data Privacy

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