[INSERT LOGO HERE]

Company Name

Employee Data Protection Policy

Last updated date:

1. Introduction

This Policy sets out the obligations of [insert name of Company], a company registered in [insert
country of registration] under number [insert Company number], whose registered office is at
[insert Company’s Registered Office] (the Company) regarding data protection and the rights of its
employees (in this context, employee data subjects) in respect of their personal data under EU
Regulation 2016/679 General Data Protection Regulation (GDPR).
The GDPR defines “personal data” as any information relating to an identified or identifiable natural
person (a data subject); an identifiable natural person is one who can be identified, directly or
indirectly, in particular by reference to an identifier such as a name, an identification number,
location data, an online identifier, or to one or more factors specific to the physical, physiological,
genetic, mental, economic, cultural, or social identity of that natural person.
This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and
disposal of personal data relating to employee data subjects. The procedures and principles set out
herein must be followed at all times by the Company, its employees, agents, contractors, or other
parties working on behalf of the Company.
The Company is committed not only to the letter of the law, but also to the spirit of the law and
places high importance on the correct, lawful, and fair handling of all personal data, respecting the
legal rights, privacy, and trust of all individuals with whom it deals.
2. The Data Protection Principles

This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with
which any party handling personal data must comply. All personal data must be:
2.1 Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
2.2 Collected for specified, explicit, and legitimate purposes and not further processed in a
manner that is incompatible with those purposes. Further processing for archiving purposes
in the public interest, scientific or historical research purposes or statistical purposes shall
not be considered to be incompatible with the initial purposes.
2.3 Adequate, relevant, and limited to what is necessary in relation to the purposes for which it
is processed.
2.4 Accurate and, where necessary, kept up to date. Every reasonable step must be taken to
ensure that personal data that is inaccurate, having regard to the purposes for which it is
processed, is erased, or rectified without delay.
2.5 Kept in a form which permits identification of data subjects for no longer than is necessary
for the purposes for which the personal data is processed. Personal data may be stored for
longer periods insofar as the personal data will be processed solely for archiving purposes in
the public interest, scientific or historical research purposes, or statistical purposes, subject
to implementation of the appropriate technical and organisational measures required by the

1
 [INSERT LOGO HERE]

GDPR in order to safeguard the rights and freedoms of the data subject.
2.6 Processed in a manner that ensures appropriate security of the personal data, including
protection against unauthorised or unlawful processing and against accidental loss,
destruction, or damage, using appropriate technical or organisational measures.

3. The Rights of Data Subjects

The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this
policy indicated for further details):
3.1 The right to be informed (Part 12).
3.2 The right of access (Part 13);
3.3 The right to rectification (Part 14);
3.4 The right to erasure (also known as the ‘right to be forgotten’) (Part 15);
3.5 The right to restrict processing (Part 16);
3.6 The right to data portability (Part 17);
3.7 The right to object (Part 18); and
3.8 Rights with respect to automated decision-making and profiling (Parts 19 and 20).

4. Lawful, Fair, and Transparent Data Processing

4.1 The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently,
without adversely affecting the rights of the data subject. The GDPR states that processing of
personal data shall be lawful if at least one of the following applies:
4.1.1 The data subject has given consent to the processing of their personal data for one or
more specific purposes;
4.1.2 The processing is necessary for the performance of a contract to which the data
subject is a party, or in order to take steps at the request of the data subject prior to
entering into a contract with them;
4.1.3 The processing is necessary for compliance with a legal obligation to which the data
controller is subject;
4.1.4 The processing is necessary to protect the vital interests of the data subject or of
another natural person;
4.1.5 The processing is necessary for the performance of a task carried out in the public
interest or in the exercise of official authority vested in the data controller; or
4.1.6 The processing is necessary for the purposes of the legitimate interests pursued by
the data controller or by a third party, except where such interests are overridden by
the fundamental rights and freedoms of the data subject which require protection of
personal data, in particular where the data subject is a child.
4.2 If the personal data in question is special category data (also known as sensitive personal
data (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade
union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual
orientation), at least one of the following conditions must be met:

2
 [INSERT LOGO HERE]

4.2.1 The data subject has given their explicit consent to the processing of such data for
one or more specified purposes (unless EU or EU Member State law prohibits them
from doing so);
4.2.2 The processing is necessary for the purpose of carrying out the obligations and
exercising specific rights of the data controller or of the data subject in the field of
employment, social security, and social protection law (insofar as it is authorised by
EU or EU Member State law or a collective agreement pursuant to EU Member State
law which provides for appropriate safeguards for the fundamental rights and
interests of the data subject);
4.2.3 The processing is necessary to protect the vital interests of the data subject or of
another natural person where the data subject is physically or legally incapable of
giving consent;
4.2.4 The data controller is a foundation, association, or other non-profit body with a
political, philosophical, religious, or trade union aim, and the processing is carried out
in the course of its legitimate activities, provided that the processing relates solely to
the members or former members of that body or to persons who have regular
contact with it in connection with its purposes and that the personal data is not
disclosed outside the body without the consent of the data subjects;
4.2.5 The processing relates to personal data which is clearly made public by the data
subject;
4.2.6 The processing is necessary for the conduct of legal claims or whenever courts are
acting in their judicial capacity;
4.2.7 The processing is necessary for substantial public interest reasons, on the basis of EU
or EU Member State law which shall be proportionate to the aim pursued, shall
respect the essence of the right to data protection, and shall provide for suitable and
specific measures to safeguard the fundamental rights and interests of the data
subject;
4.2.8 The processing is necessary for the purposes of preventative or occupational
medicine, for the assessment of the working capacity of an employee, for medical
diagnosis, for the provision of health or social care or treatment, or the management
of health or social care systems or services on the basis of EU or EU Member State
law or pursuant to a contract with a health professional, subject to the conditions
and safeguards referred to in Article 9(3) of the GDPR;
4.2.9 The processing is necessary for public interest reasons in the area of public health,
for example, protecting against serious cross-border threats to health or ensuring
high standards of quality and safety of health care and of medicinal products or
medical devices, on the basis of EU or EU Member State law which provides for
suitable and specific measures to safeguard the rights and freedoms of the data
subject (in particular, professional secrecy); or
4.2.10 The processing is necessary for archiving purposes in the public interest, scientific or
historical research purposes, or statistical purposes in accordance with Article 89(1)
of the GDPR based on EU or EU Member State law which shall be proportionate to
the aim pursued, respect the essence of the right to data protection, and provide for
suitable and specific measures to safeguard the fundamental rights and the interests
of the data subject.

3
 [INSERT LOGO HERE]

5. Specified, Explicit, and Legitimate Purposes

5.1 The Company collects and processes the personal data set out in Parts 21 to 25 of this Policy.
This includes:
5.1.1 Personal data collected directly from employee data subjects[.] OR [; and]
5.1.2 [Personal data obtained from third parties.]
5.2 The specific purposes for which the Company collects, processes, and holds such personal
data are set out in Parts 21 to 25 of this Policy (or for other purposes expressly permitted by
the GDPR).
5.3 Employee data subjects are kept informed at all times of the purpose or purposes for which
the Company uses their personal data. Please refer to Part 12 for more information on
keeping data subjects informed.
6. Adequate, Relevant, and Limited Data Processing

The Company will only collect and process personal data for and to the extent necessary for the
specific purpose or purposes of which employee data subjects have been informed (or will be
informed) as under Part 5, above, and as set out in Parts 21 to 25, below.
7. Accuracy of Data and Keeping Data Up-to-Date

7.1 The Company shall ensure that all personal data collected, processed, and held by it is kept
accurate and up-to-date. This includes, but is not limited to, the rectification of personal data
at the request of an employee data subject, as set out in Part 14, below.
7.2 The accuracy of personal data shall be checked when it is collected and at [regular] OR
[insert timescale] intervals thereafter. If any personal data is found to be inaccurate or out-
of-date, all reasonable steps will be taken without delay to amend or erase that data, as
appropriate.
8. Data Retention

8.1 The Company shall not keep personal data for any longer than is necessary in light of the
purpose or purposes for which that personal data was originally collected, held, and
processed.
8.2 When personal data is no longer required, all reasonable steps will be taken to erase or
otherwise dispose of it without delay.
8.3 For full details of the Company’s approach to data retention, including retention periods for
specific personal data types held by the Company, please refer to our Data Retention Policy.
9. Secure Processing
The Company shall ensure that all personal data collected, held, and processed is kept secure and
protected against unauthorised or unlawful processing and against accidental loss, destruction, or
damage. Further details of the technical and organisational measures which shall be taken are
provided in Parts 26 to 31 of this Policy.
10. Accountability and Record-Keeping

10.1 The Company’s Data Protection Officer is [insert name], [insert contact details].
10.2 The Data Protection Officer shall be responsible [, working together with the [insert name
and job title],] for overseeing the implementation of this Policy and for monitoring
compliance with this Policy, the Company’s other [employment and] data protection-related

4
 [INSERT LOGO HERE]

policies, and with the GDPR and other applicable data protection legislation.
10.3 The Company shall keep written internal records of all personal data collection, holding, and
processing, which shall incorporate the following information:
10.3.1 The name and details of the Company, its Data Protection Officer, and any applicable
third-party data processors;
10.3.2 The purposes for which the Company collects, holds, and processes personal data;
10.3.3 Details of the categories of personal data collected, held, and processed by the
Company, and the categories of employee data subject to which that personal data
relates;
10.3.4 Details of any transfers of personal data to non-EEA countries including all
mechanisms and security safeguards;
10.3.5 Details of how long personal data will be retained by the Company (please refer to
the Company’s Data Retention Policy); and
10.3.6 Detailed descriptions of all technical and organisational measures taken by the
Company to ensure the security of personal data.
11. Data Protection Impact Assessments

11.1 The Company shall carry out Data Protection Impact Assessments for any and all new
projects and/or new uses of personal data [which involve the use of new technologies and
the processing involved is likely to result in a high risk to the rights and freedoms of
employee data subjects under the GDPR].
11.2 Data Protection Impact Assessments shall be overseen by the Data Protection Officer and
shall address the following:
11.2.1 The type(s) of personal data that will be collected, held, and processed;
11.2.2 The purpose(s) for which personal data is to be used;
11.2.3 The Company’s objectives;
11.2.4 How personal data is to be used;
11.2.5 The parties (internal and/or external) who are to be consulted;
11.2.6 The necessity and proportionality of the data processing with respect to the
purpose(s) for which it is being processed;
11.2.7 Risks posed to employee data subjects;
11.2.8 Risks posed both within and to the Company; and
11.2.9 Proposed measures to minimise and handle identified risks.
12. Keeping Data Subjects Informed

12.1 The Company shall provide the information set out in Part 12.2 to every employee data
subject:
12.1.1 Where personal data is collected directly from employee data subjects, those
employee data subjects will be informed of its purpose at the time of collection; and
12.1.2 Where personal data is obtained from a third party, the relevant employee data
subjects will be informed of its purpose:

5
 [INSERT LOGO HERE]

a) if the personal data is used to communicate with the employee data subject,
when the first communication is made; or
b) if the personal data is to be transferred to another party, before that transfer
is made; or
c) as soon as reasonably possible and in any event not more than one month
after the personal data is obtained.
12.2 The following information shall be provided:
12.2.1 Details of the Company including, but not limited to, the identity of its Data
Protection Officer;
12.2.2 The purpose(s) for which the personal data is being collected and will be processed
(as detailed in Parts 21 to 25 of this Policy) and the legal basis justifying that
collection and processing;
12.2.3 Where applicable, the legitimate interests upon which the Company is justifying its
collection and processing of the personal data;
12.2.4 Where the personal data is not obtained directly from the employee data subject,
the categories of personal data collected and processed;
12.2.5 Where the personal data is to be transferred to one or more third parties, details of
those parties;
12.2.6 Where the personal data is to be transferred to a third party that is located outside
of the European Economic Area (the “EEA”), details of that transfer, including but not
limited to the safeguards in place (see Part 32 of this Policy for further details);
12.2.7 Details of data retention;
12.2.8 Details of the employee data subject’s rights under the GDPR;
12.2.9 Details of the employee data subject’s right to withdraw their consent to the
Company’s processing of their personal data;
12.2.10 Details of the employee data subject’s right to complain to the Information
Commissioner’s Office (the “supervisory authority” under the GDPR);
12.2.11 Where applicable, details of any legal or contractual requirement or obligation
necessitating the collection and processing of the personal data and details of any
consequences of failing to provide it; and
12.2.12 Details of any automated decision-making or profiling that will take place using the
personal data, including information on how decisions will be made, the significance
of those decisions, and any consequences.
13. Data Subject Access

13.1 Employee data subjects may make subject access requests (“SARs”) at any time to find out
more about the personal data which the Company holds about them, what it is doing with
that personal data, and why.
13.2 Employees wishing to make a SAR should do using a Subject Access Request Form, sending
the form to the Company’s Data Protection Officer at [insert name and contact details].
13.3 Responses to SARs shall normally be made within one month of receipt, however this may be
extended by up to two months if the SAR is complex and/or numerous requests are made. If
such additional time is required, the employee data subject shall be informed.

6
 [INSERT LOGO HERE]

13.4 All SARs received shall be handled by the Company’s Data Protection Officer.
13.5 The Company does not charge a fee for the handling of normal SARs. The Company reserves
the right to charge reasonable fees for additional copies of information that has already been
supplied to an employee data subject, and for requests that are manifestly unfounded or
excessive, particularly where such requests are repetitive.
14. Rectification of Personal Data

14.1 Employee data subjects have the right to require the Company to rectify any of their personal
data that is inaccurate or incomplete.
14.2 The Company shall rectify the personal data in question, and inform the employee data
subject of that rectification, within one month of the employee data subject informing the
Company of the issue. The period can be extended by up to two months in the case of
complex requests. If such additional time is required, the employee data subject shall be
informed.
14.3 In the event that any affected personal data has been disclosed to third parties, those parties
shall be informed of any rectification that must be made to that personal data.
15. Erasure of Personal Data

15.1 Employee data subjects have the right to request that the Company erases the personal data
it holds about them in the following circumstances:
15.1.1 It is no longer necessary for the Company to hold that personal data with respect to
the purpose(s) for which it was originally collected or processed;
15.1.2 The employee data subject wishes to withdraw their consent to the Company holding
and processing their personal data;
15.1.3 The employee data subject objects to the Company holding and processing their
personal data (and there is no overriding legitimate interest to allow the Company to
continue doing so) (see Part 18 of this Policy for further details concerning the right
to object);
15.1.4 The personal data has been processed unlawfully;
15.1.5 The personal data needs to be erased in order for the Company to comply with a
particular legal obligation[;] OR [.]
15.1.6 [The personal data is being held and processed for the purpose of providing
information society services to a child.]
15.2 Unless the Company has reasonable grounds to refuse to erase personal data, all requests for
erasure shall be complied with, and the employee data subject informed of the erasure,
within one month of receipt of the employee data subject’s request. The period can be
extended by up to two months in the case of complex requests. If such additional time is
required, the employee data subject shall be informed.
15.3 In the event that any personal data that is to be erased in response to an employee data
subject’s request has been disclosed to third parties, those parties shall be informed of the
erasure (unless it is impossible or would require disproportionate effort to do so).
16. Restriction of Personal Data Processing

16.1 Employee data subjects may request that the Company ceases processing the personal data
it holds about them. If an employee data subject makes such a request, the Company shall

7
 [INSERT LOGO HERE]

retain only the amount of personal data concerning that data subject (if any) that is
necessary to ensure that the personal data in question is not processed further.
16.2 In the event that any affected personal data has been disclosed to third parties, those parties
shall be informed of the applicable restrictions on processing it (unless it is impossible or
would require disproportionate effort to do so).
17. [Data Portability

17.1 The Company processes personal data relating to employees using automated means. [Insert
details of any automated processing].
17.2 Where employee data subjects have given their consent to the Company to process their
personal data in such a manner, or the processing is otherwise required for the performance
of a contract between the Company and the employee data subject, employee data subjects
have the right, under the GDPR, to receive a copy of their personal data and to use it for
other purposes (namely transmitting it to other data controllers).
17.3 To facilitate the right of data portability, the Company shall make available all applicable
personal data to employee data subjects in the following format[s]:
17.3.1 [insert formats to be used];
17.3.2 [add additional formats if required].
17.4 Where technically feasible, if requested by an employee data subject, personal data shall be
sent directly to the required data controller.
17.5 All requests for copies of personal data shall be complied with within one month of the
employee data subject’s request. The period can be extended by up to two months in the
case of complex or numerous requests. If such additional time is required, the employee data
subject shall be informed.]
18. Objections to Personal Data Processing

18.1 Employee data subjects have the right to object to the Company processing their personal
data based on legitimate interests, [direct marketing (including profiling),] [and processing
for scientific and/or historical research and statistics purposes].
18.2 Where an employee data subject objects to the Company processing their personal data
based on its legitimate interests, the Company shall cease such processing immediately,
unless it can be demonstrated that the Company’s legitimate grounds for such processing
override the employee data subject’s interests, rights, and freedoms, or that the processing
is necessary for the conduct of legal claims.
18.3 [Where an employee data subject objects to the Company processing their personal data for
direct marketing purposes, the Company shall cease such processing immediately.]
18.4 [Where an employee data subject objects to the Company processing their personal data for
scientific and/or historical research and statistics purposes, the employee data subject must,
under the GDPR, “demonstrate grounds relating to his or her particular situation”. The
Company is not required to comply if the research is necessary for the performance of a task
carried out for reasons of public interest.]
19. [Automated Decision-Making

19.1 The Company uses personal data in automated decision-making processes with respect to its
employees. [Insert details of automated decision-making].

8
 [INSERT LOGO HERE]

19.2 Where such decisions have a legal (or similarly significant effect) on employee data subjects,
those employee data subjects have the right to challenge to such decisions under the GDPR,
requesting human intervention, expressing their own point of view, and obtaining an
explanation of the decision from the Company.
19.3 The right described in Part 19.2 does not apply in the following circumstances:
19.3.1 The decision is necessary for the entry into, or performance of, a contract between
the Company and the employee data subject;
19.3.2 The decision is authorised by law; or
19.3.3 The employee data subject has given their explicit consent.]
20. [Profiling

20.1 The Company uses personal data for profiling purposes with respect to its employees. [Insert
details of any profiling activities].
20.2 When personal data is used for profiling purposes, the following shall apply:
20.2.1 Clear information explaining the profiling shall be provided to employee data
subjects, including the significance and likely consequences of the profiling;
20.2.2 Appropriate mathematical or statistical procedures shall be used;
20.2.3 Technical and organisational measures shall be implemented to minimise the risk of
errors. If errors occur, such measures must enable them to be easily corrected; and
20.2.4 All personal data processed for profiling purposes shall be secured in order to
prevent discriminatory effects arising out of profiling (see Parts 26 to 30 of this Policy
for more details on data security).]
21. Personal Data
The Company holds personal data that is directly relevant to its employees. That personal data shall
be collected, held, and processed in accordance with employee data subjects’ rights and the
Company’s obligations under the GDPR and with this Policy. The Company may collect, hold, and
process the personal data detailed in Parts 21 to 25 of this Policy:
21.1 Identification information relating to employees:
21.1.1 Name;
21.1.2 Contact Details;
21.1.3 [add any other required data].
21.2 Equal opportunities monitoring information [(such information shall be anonymised where
possible)]:
21.2.1 Age;
21.2.2 Gender;
21.2.3 Ethnicity;
21.2.4 Nationality;
21.2.5 Religion;
21.2.6 [add any other required data].
21.3 Health records (Please refer to Part 22, below, for further information):
21.3.1 Details of sick leave;

9
 [INSERT LOGO HERE]

21.3.2 Medical conditions;

21.3.3 Disabilities;
21.3.4 Prescribed medication;
21.3.5 [add any other required data].
21.4 Employment records:
21.4.1 Interview notes;
21.4.2 CVs, application forms, covering letters, and similar documents;
21.4.3 Assessments, performance reviews, and similar documents;
21.4.4 Details of remuneration including salaries, pay increases, bonuses, commission,
overtime, benefits, and expenses;
21.4.5 Details of trade union membership (where applicable) [(please refer to Part 24,
below, for further information)];
21.4.6 Employee monitoring information (please refer to Part 25, below, for further
information);
21.4.7 Records of disciplinary matters including reports and warnings, both formal and
informal;
21.4.8 Details of grievances including documentary evidence, notes from interviews,
procedures followed, and outcomes;
21.4.9 [add any other required data].
22. Health Records

22.1 The Company holds health records on [all] employee data subjects which are used to assess
the health, wellbeing, and welfare of employees and to highlight any issues which may
require further investigation. In particular, the Company places a high priority on maintaining
health and safety in the workplace, on promoting equal opportunities, and on preventing
discrimination on the grounds of disability or other medical conditions. In most cases, health
data on employees falls within the GDPR’s definition of special category data (see Part 4 of
this Policy for a definition). Any and all data relating to employee data subjects’ health,
therefore, will be collected, held, and processed strictly in accordance with the conditions for
processing special category personal data, as set out in Part 4 of this Policy. No special
category personal data will be collected, held, or processed without the relevant employee
data subject’s express consent.
22.2 Health records shall be accessible and used only by [insert name, job title and company
department] and shall not be revealed to other employees, agents, contractors, or other
parties working on behalf of the Company [without the express consent of the employee
data subject(s) to whom such data relates], except in exceptional circumstances where the
wellbeing of the employee data subject(s) to whom the data relates is at stake and such
circumstances satisfy one or more of the conditions set out in Part 4.2 of this Policy.
22.3 Health records will only be collected, held, and processed to the extent required to ensure
that employees are able to perform their work correctly, legally, safely, and without unlawful
or unfair impediments or discrimination.
22.4 Employee data subjects have the right to request that the Company does not keep health
records about them. All such requests must be made in writing and addressed to [insert
name, job title and contact details].

10
 [INSERT LOGO HERE]

23. Benefits

23.1 In cases where employee data subjects are enrolled in benefit schemes which are provided
by the Company, it may be necessary from time to time for third party organisations to
collect personal data from relevant employee data subjects.
23.2 Prior to the collection of such data, employee data subjects will be fully informed of the
personal data that is to be collected, the reasons for its collection, and the way(s) in which it
will be processed, as per the information requirements set out in Part 12 of this Policy.
23.3 The Company shall not use any such personal data except insofar as is necessary in the
administration of the relevant benefits schemes.
23.4 The following schemes are available to employees. Please note that not all schemes may be
applicable to all employees:
23.4.1 [Insert type of scheme]. For further information, please contact [insert name, job
title and company department or third-party organisation]. The following personal
data may be collected, held, and processed:
a) [insert type of personal data its purpose];
b) [add any further data as necessary].
23.4.2 [Add any other schemes as necessary].
24. [Trade Unions

24.1 The Company will provide the following personal data concerning relevant employee data
subjects to bona fide trade unions where those unions are recognised by the Company. In
most cases, information about an individual’s trade union membership falls within the
GDPR’s definition of special category data (see Part 4 of this Policy for a definition). Any and
all data relating to employee data subjects’ trade union membership, therefore, will be
collected, held, and processed strictly in accordance with the conditions for processing
special category personal data, as set out in Part 4 of this Policy. No special category personal
data will be collected, held, or processed without the relevant employee data subject’s
express consent. The following data will be collected and supplied:
24.1.1 Name;
24.1.2 Job description;
24.1.3 [insert type of personal data its purpose];
24.1.4 [add any further data as necessary].
24.2 All employee data subjects have the right to request that the Company does not supply their
personal data to trade unions and shall be informed of that right before any such transfer is
made.]
25. Employee Monitoring

25.1 The Company may from time to time monitor the activities of employee data subjects. Such
monitoring may include, but will not necessarily be limited to, internet and email monitoring.
In the event that monitoring of any kind is to take place (unless exceptional circumstances,
such as the investigation of criminal activity or a matter of equal severity, justify covert
monitoring), employee data subjects will be informed of the exact nature of the monitoring
in advance.

11
 [INSERT LOGO HERE]

25.2 Monitoring should not (unless exceptional circumstances justify it, as above) interfere with
an employee’s normal duties.
25.3 Monitoring will only take place if the Company considers that it is necessary to achieve the
benefit it is intended to achieve. Personal data collected during any such monitoring will only
be collected, held, and processed for reasons directly related to (and necessary for) achieving
the intended result and, at all times, in accordance with employee data subjects’ rights and
the Company’s obligations under the GDPR.
25.4 The Company shall ensure that there is no unnecessary intrusion upon employee data
subjects’ personal communications or activities, and under no circumstances will monitoring
take place outside of an employee data subject’s normal place of work or work hours, unless
the employee data subject in question is using Company equipment or other facilities
including, but not limited to, Company email, the Company intranet, or a virtual private
network (VPN) service provided by the Company for employee use.
26. Data Security - Transferring Personal Data and Communications

The Company shall ensure that the following measures are taken with respect to all communications
and other transfers involving personal data (including, but not limited to, personal data
relating to employees):
26.1 All emails containing personal data must be encrypted [using [insert way in which data is
encrypted];
26.2 All emails containing personal data must be marked “confidential”;
26.3 Personal data may be transmitted over secure networks only; transmission over unsecured
networks is not permitted in any circumstances;
26.4 Personal data may not be transmitted over a wireless network if there is a wired alternative
that is reasonably practicable;
26.5 Personal data contained in the body of an email, whether sent or received, should be copied
from the body of that email and stored securely. The email itself should be deleted. All
temporary files associated therewith should also be deleted [using [insert method used to
delete files];
26.6 Where personal data is to be sent by facsimile transmission the recipient should be informed
in advance of the transmission and should be waiting by the fax machine to receive the data;
26.7 Where personal data is to be transferred in hard copy form it should be passed directly to the
recipient [or sent using [insert company to be used for hard copy delivery service]]; and
26.8 All personal data to be transferred physically, whether in hard copy form or on removable
electronic media shall be transferred in a suitable container marked “confidential”.
27. Data Security – Storage

The Company shall ensure that the following measures are taken with respect to the storage of
personal data (including, but not limited to, personal data relating to employees):
27.1 All electronic copies of personal data should be stored securely using passwords and [[insert
way in which data is encrypted]] data encryption;
27.2 All hard copies of personal data, along with any electronic copies stored on physical,
removable media should be stored securely in a locked box, drawer, cabinet, or similar;
27.3 All personal data stored electronically should be backed up [insert timeframe] with backups
stored [onsite] AND/OR [offsite]. All backups should be encrypted [using [insert way in

12
 [INSERT LOGO HERE]

which data is encrypted]];

27.4 No personal data should be stored on any mobile device (including, but not limited to,
laptops, tablets, and smartphones), whether such device belongs to the Company or
otherwise [without the formal written approval of [insert name, job title and contact details]
and, in the event of such approval, strictly in accordance with all instructions and limitations
described at the time the approval is given, and for no longer than is absolutely necessary];
and
27.5 No personal data should be transferred to any device personally belonging to an employee
and personal data may only be transferred to devices belonging to agents, contractors, or
other parties working on behalf of the Company where the party in question has agreed to
comply fully with the letter and spirit of this Policy and of the GDPR (which may include
demonstrating to the Company that all suitable technical and organisational measures have
been taken).
28. Data Security – Disposal

When any personal data is to be erased or otherwise disposed of for any reason (including where
copies have been made and are no longer needed), it should be securely deleted and disposed of. For
further information on the deletion and disposal of personal data, please refer to the Company’s
Data Retention Policy.
29. Data Security - Use of Personal Data

The Company shall ensure that the following measures are taken with respect to the use of personal
data:
29.1 No personal data may be shared informally and if an employee, agent, sub-contractor, or
other party working on behalf of the Company requires access to any personal data that they
do not already have access to, such access should be formally requested from [insert name,
job title and contact details];
29.2 No personal data may be transferred to any employees, agents, contractors, or other parties,
whether such parties are working on behalf of the Company or not, without the
authorisation of [insert name, job title and contact details];
29.3 Personal data must be handled with care at all times and should not be left unattended or on
view to unauthorised employees, agents, sub-contractors, or other parties at any time;
29.4 If personal data is being viewed on a computer screen and the computer in question is to be
left unattended for any period of time, the user must lock the computer and screen before
leaving it; and
29.5 [Where personal data held by the Company is used for marketing purposes, it shall be the
responsibility of [insert name and job title] to ensure that the appropriate consent is
obtained and that no employee data subjects have opted out, whether directly or via a third-
party service such as the TPS.]
30. Data Security - IT Security

The Company shall ensure that the following measures are taken with respect to IT and information
security:
30.1 All passwords used to protect personal data should be changed regularly and should not use
words or phrases that can be easily guessed or otherwise compromised. All passwords must
contain a combination of uppercase and lowercase letters, numbers, and symbols. [All
software used by the Company is designed to require such passwords.];

13
 [INSERT LOGO HERE]

30.2 Under no circumstances should any passwords be written down or shared between any
employees, agents, contractors, or other parties working on behalf of the Company,
irrespective of seniority or department. If a password is forgotten, it must be reset using the
applicable method. IT staff do not have access to passwords;
30.3 All software (including, but not limited to, applications and operating systems) shall be kept
up-to-date. The Company’s IT staff shall be responsible for installing any and all security-
related updates [not more than [insert timescale] after the updates are made available by
the publisher or manufacturer] OR [as soon as reasonably and practically possible] [, unless
there are valid technical reasons not to do so]; and
30.4 No software may be installed on any Company-owned computer or device without the prior
approval of the [insert name, job title and contact details].
31. Organisational Measures

The Company shall ensure that the following measures are taken with respect to the collection,
holding, and processing of personal data:
31.1 All employees, agents, contractors, or other parties working on behalf of the Company shall
be made fully aware of both their individual responsibilities and the Company’s
responsibilities under the GDPR and under this Policy, and shall be provided with a copy of
this Policy;
31.2 Only employees, agents, sub-contractors, or other parties working on behalf of the Company
that need access to, and use of, personal data in order to carry out their assigned duties
correctly shall have access to personal data held by the Company;
31.3 All employees, agents, contractors, or other parties working on behalf of the Company
handling personal data will be appropriately trained to do so;
31.4 All employees, agents, contractors, or other parties working on behalf of the Company
handling personal data will be appropriately supervised;
31.5 All employees, agents, contractors, or other parties working on behalf of the Company
handling personal data shall be required and encouraged to exercise care, caution, and
discretion when discussing work-related matters that relate to personal data, whether in the
workplace or otherwise;
31.6 Methods of collecting, holding, and processing personal data shall be regularly evaluated and
reviewed;
31.7 All personal data held by the Company shall be reviewed periodically, as set out in the
Company’s Data Retention Policy;
31.8 The performance of those employees, agents, contractors, or other parties working on behalf
of the Company handling personal data shall be regularly evaluated and reviewed;
31.9 All employees, agents, contractors, or other parties working on behalf of the Company
handling personal data will be bound to do so in accordance with the principles of the GDPR
and this Policy by contract;
31.10 All agents, contractors, or other parties working on behalf of the Company handling personal
data must ensure that any and all of their employees who are involved in the processing of
personal data are held to the same conditions as those relevant employees of the Company
arising out of this Policy and the GDPR; and
31.11 Where any agent, contractor or other party working on behalf of the Company handling
personal data fails in their obligations under this Policy that party shall indemnify and hold

14
 [INSERT LOGO HERE]

harmless the Company against any costs, liability, damages, loss, claims or proceedings which
may arise out of that failure.
32. Transferring Personal Data to a Country Outside the EEA

32.1 The Company may from time to time transfer (‘transfer’ includes making available remotely)
personal data to countries outside of the EEA.
32.2 The transfer of personal data to a country outside of the EEA shall take place only if one or
more of the following applies:
32.2.1 The transfer is to a country, territory, or one or more specific sectors in that country
(or an international organisation), that the European Commission has determined
ensures an adequate level of protection for personal data;
32.2.2 The transfer is to a country (or international organisation) which provides
appropriate safeguards in the form of a legally binding agreement between public
authorities or bodies; binding corporate rules; standard data protection clauses
adopted by the European Commission; compliance with an approved code of
conduct approved by a supervisory authority (e.g. the Information Commissioner’s
Office); certification under an approved certification mechanism (as provided for in
the GDPR); contractual clauses agreed and authorised by the competent supervisory
authority; or provisions inserted into administrative arrangements between public
authorities or bodies authorised by the competent supervisory authority;
32.2.3 The transfer is made with the informed consent of the relevant employee data
subject(s);
32.2.4 The transfer is necessary for the performance of a contract between the employee
data subject and the Company (or for pre-contractual steps taken at the request of
the employee data subject);
32.2.5 The transfer is necessary for important public interest reasons;
32.2.6 The transfer is necessary for the conduct of legal claims;
32.2.7 The transfer is necessary to protect the vital interests of the employee data subject
or other individuals where the employee data subject is physically or legally unable to
give their consent; or
32.2.8 The transfer is made from a register that, under UK or EU law, is intended to provide
information to the public and which is open for access by the public in general or
otherwise to those who are able to show a legitimate interest in accessing the
register.
33. Data Breach Notification

33.1 All personal data breaches must be reported immediately to the Company’s Data Protection
Officer.
33.2 If a personal data breach occurs and that breach is likely to result in a risk to the rights and
freedoms of employee data subjects (e.g. financial loss, breach of confidentiality,
discrimination, reputational damage, or other significant social or economic damage), the
Data Protection Officer must ensure that the Information Commissioner’s Office is informed
of the breach without delay, and in any event, within 72 hours after having become aware of
it.
33.3 In the event that a personal data breach is likely to result in a high risk (that is, a higher risk
than that described under Part 29.2) to the rights and freedoms of employee data subjects,

15
 [INSERT LOGO HERE]

the Data Protection Officer must ensure that all affected employee data subjects are
informed of the breach directly and without undue delay.
33.4 Data breach notifications shall include the following information:
33.4.1 The categories and approximate number of employee data subjects concerned;
33.4.2 The categories and approximate number of personal data records concerned;
33.4.3 The name and contact details of the Company’s data protection officer (or other
contact point where more information can be obtained);
33.4.4 The likely consequences of the breach;
33.4.5 Details of the measures taken, or proposed to be taken, by the Company to address
the breach including, where appropriate, measures to mitigate its possible adverse
effects.
34. Implementation of Policy

This Policy shall be deemed effective as of [insert date]. No part of this Policy shall have retroactive
effect and shall thus apply only to matters occurring on or after this date.

This Policy has been approved and authorised by:

Name:

Position:

Date:

Due for Review by:

Signature:

16
 [INSERT LOGO HERE]

This document is for general information purposes only. While we endeavour to keep the information up
to date and correct, we make no representations or warranties of any kind, express or implied, about the
completeness, accuracy, reliability, or suitability with respect to the content of this document.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential
loss or damage, or any loss or damage whatsoever arising from the use of the documents.

17