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GDPR HR series: Data breaches – what you need to do when you discover a data breach

Welcome to the third post in our ‘GDPR HR Issues’ blog series. Drawing on key insights from across Bryan Cave Leighton Paisner’s global Employment & Labor team, the series highlights key GDPR issues affecting employers.

This blog focuses on new obligations imposed by the GDPR to notify the relevant supervisory data protection authority (“DPA”) and those individuals whose data have been violated, when an employer becomes aware of a violation affecting personal data that it processes (a “data breach”).

If an employer discovers that the personal data it holds concerning its employees is, for example, accidentally accessed by a third party without authorization, what practical steps should it take to manage such a breach?

  • What is a “data breach”?
  • A personal data breach occurs when a breach of security affects the personal data’s confidentiality (unauthorized disclosure or access to the data), integrity (data is involuntarily or unlawfully modified or destroyed) or availability (loss of data). Data breaches can be accidental or deliberate.

  • What immediate steps should an employer take when it discovers a data breach?
    • Take immediate action to mitigate the breach (for example restore access authorizations where there has been a security failure and take such other IT security measures as necessary);
    • Set up a crisis team. This should include the Data Protection Officer (the “DPO”) if the company has one (or if not, a person responsible for data privacy in the organization) as well as people from HR, Legal, IT and any other

    GDPR HR Series: Subject Access Requests Under the New Regime – What You Need to Know

    Welcome to the 2nd post in our ‘GDPR HR Issues’ blog series. Drawing on key insights from across Bryan Cave Leighton Paisner’s global Employment & Labor team, the series highlights key GDPR issues affecting employers.

    With the General Data Protection Regulation (‘GDPR’) coming into effect today, employers with EU-based staff need to ensure that they properly comply with the new regime. Failure to do so can result in significant fines and disruption to your business.

    This blog focuses on the changes made by GDPR to a fundamental data protection right – an employee’s right to find out what information their employer holds on them by making a data subject access request (‘DSAR’).

  • Complying with a DSAR can involve a lot of work and significant cost, not least because the request may require the employer to search in many different places for the employee information, which by its nature may not be held in a clearly structured way. For example, an employee could ask for details of email discussions that others in the organization have had about them over a long time period, which could require doing extensive searches of various email accounts. In some jurisdictions it is common for employees who are in dispute with their employer to use DSARs to obtain early disclosure of information that they can use in their dispute, or simply to put pressure on the employer. An employer cannot normally refuse to provide the information, unless an exception applies. A common exception in this context
  • GDPR HR Series: Employee Information Notices About Personal Data – Your Key Questions Answered

    Following the combination of the Labor & Employment practices at Bryan Cave and BLP, Bryan Cave Leighton Paisner’s combined team now includes over 120 employment lawyers in offices across the US, UK, France, Germany and Russia, with excellent capabilities and a strong network in Asia. Committed to collaboration, and with our strengthened offering, experience and substantive knowledge advising clients on GDPR, we bring you our new ‘GDPR HR Issues’  blog series. Drawing on key insights from across our team, the series highlights the key GDPR issues affecting employers.

    The General Data Protection Regulation (‘GDPR’) comes into force in less than two months. From an HR perspective it imposes data obligations on any US, European or other employer with EU-based staff. Failure to comply with the GDPR regime can result in significant fines and disruption to your business. Are you ready?

    Our first blog deals with ‘privacy notices’ aimed at staff. GDPR requires employers to give information to their workforce, setting out in particular the personal data (employee information) the employer holds about them, how it is used, and with whom the information is shared.

  • We already give staff a privacy notice under existing data protection laws. Is that enough?
  • No. GDPR imposes new requirements on employers. Employers must give more detailed information than is currently required under existing EU data protection laws. Employers also need to ensure that their privacy notices accurately reflect their workforce data processing activities.

  • Our privacy notice is very long and complex. Is that a
  • Less than 90 days to go – are you GDPR compliant?

    “GDPR – please not again …” In recent times there is hardly any other legal topic more often written and talked about than the new EU General Data Protection Regulation (“GDPR”).

    In light of the severe penalties and with less than 100 days until the GDPR goes into full effect (on May 25th, 2018), it is time for U.S. companies to take steps to prepare. Below are some key points to consider and pragmatic to-dos to assist in assessing whether your organization is ready for GDPR compliance.

    • GDPR may apply to U.S.-based companies with zero employees and no offices within the boundaries of the EU territory

    While the EU Data Protection Directive of 1995 did not apply to businesses outside the EU territory, this is no longer the case under GDPR.

    Now any business may be subject to the new law if it processes personal data of an individual residing in the EU; not even a single transaction needs to occur. As long as your data processing relates to offering services or monitoring behavior on the EU market of EU data subjects – the GDPR may apply to your U.S.-based business. The location of a consumer is the key term to identify whether an individual is deemed a “data subject in the Unio.” While”location” does not necessarily relate to the consumer’s legal “citizenship” or “residenc,” lawyers often use the term “residency” as a short hand way of referring to those people to whom the direction of services might

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