Reinier advises national and international companies
reinier.russell@russell.nl +31 20 301 55 55Any person whose data is processed is provided with “the right to be forgotten” in the proposed European General Data Protection Regulation. What are the consequences of this right for businesses? What other rights do persons have whose data have been processed?
Data subjects have recently been given “the right to be forgotten”. This means companies and institutions processing data must delete data in certain cases. This right was stipulated in 2014, when the European Court forced the search engine Google, on request of a Spanish citizen, to erase search results referring to a forced sale of his property in 1998.
In the proposed European General Data Protection Regulation this right is further developed. Persons concerned can request companies processing their data to:
Currently, data subjects have the right to have their data deleted by companies and institutions if the personal data processed are:
Pursuant to the new Regulation the person in question has the right that companies and institutions delete the data and that further spread of the data will not occur if:
The regulation forces not only to delete the data in question but also to prevent further spread thereof. Therefore, you are obliged to inform third parties who process data provided by you of the person in question’s request to delete any link or copy of the personal data.
Russell Advocaten will inform you regularly on the latest developments regarding the uniform European Data Protection legislation and the consequences for your business. Would you like to know more about the application of the European General Data Protection Regulation or do you have any questions about how to organize your business with regard to the new European General Data Protection Regulation? Please contact:
Employees have a right to privacy in their private lives. This also applies to sick employees. However, they must also comply with their reintegration obligations and provide accurate information about their illness. What options does the employer have to check whether they are actually doing this?
Employees who consume alcohol and drugs during work or who want to work under the influence remain a problem for employers. What measures can you take against this? Are you allowed to test an employee if you suspect they are under the influence?
Many companies do not have a works council, even though they should. When is it mandatory to establish one? What are the advantages of a works council? What are the consequences if your company does not have a works council?
Discrimination in the recruitment and hiring of new staff is not permitted. When do you, as an employer, discriminate during the application process, even unintentionally? And how can you prevent this, also if you use AI?
In principle, a continuing performance agreement can always be terminated, even if no arrangements have been made in this regard. But you can’t just do it. What do you need to take into account when terminating the agreement? And what if you want to deviate from the arrangements made about terminating the agreement?
The government wants to improve the legal position of flex workers with a new law. What will it mean for employers and flex workers if the legislative proposal is adopted? What new rules will you need to take into account?