Legitimate Interest is one of the six lawful/legal basis for processing personal. The other five are a legal obligation, pursuance/execution of a contract, to protect the vital interests of the data subject or some other person, to perform a public task and consent of the data subject. If you want to get more information on the legal basis on which you can process personal data check out this article Is consent needed? Six legal bases to process data according to GDPR: https://advisera.com/eugdpracademy/knowledgebase/is-consent-needed-six-legal-bases-to-process-data-according-to-gdpr/
2. With your other clients, during the Human Resource application and hiring processes, are consents needed when an employee applies for a job AND when hired?
Answer:
The lawful basis in recruitment I usually pursuance of a contract as both parties are interested in concluding a work contract (labor agreement). Only for unsuccessful candidates, if yo u want to still keep their CVs you would need to rely on either legitimate interest or consent.
3. If an employee applies over the internet, how is Consent generally obtained?
Answer:
As I mentioned while answering your question consent is not usually used in recruitment. However, if you want to consent over the internet usual there is a checkbox that the data subject needs to check.
4. Could the applicants' consent be considered given freely s the job applicant is giving their personal data on the application?
Answer:
The lawful ground for processing CVs is pursuance of a contract and not consent.
5. Also, what are the definitions of Legit Interest Purpose?
Answer:
Legitimate interests mean that the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. The GDPR highlights certain purposes that either ‘constitutes’ legitimate interest or ‘should be regarded as’ a legitimate interest. These are fraud prevention, network, and information security; and avoiding possible criminal acts or threats to public security. There are just some examples.
6. Lastly, do you have guidance on how other clients have documented their use of Salesforce? I believe Salesforce is used to collect names and business email address for marketing purposes.
Answer:
Usually, Salesforce should be considered a processor on behalf of its clients and a Data Processing Agreement should be in place between Salesforce and its Clients. If you use Salesforce to collect data ensure that you have a lawful basis correctly identified in this case it would be either consent or legitimate interest. If you want to find out more about marketing and GDPR check put this free webinar How GDPR affects marketing practices: https://advisera.com/eugdpracademy/webinar/how-gdpr-affects-marketing-practices-free-webinar-on-demand/
Template content
Answer:
First it is important to note that ISO 27001 does not require each control in Annex A to be documented. In some cases all you need is to include in the Statement of Applicability (SOA) a brief explanation of how it is implemented.
In case you decide to document recommendations of controls A 18.2.2 and A 18.2.3, they can be included in the internal audit procedure, since these controls and the procedure aim to ensure that information security is implemented and operated in accordance with defined requirements.
You can schedule a meeting with one of our experts so he can help you about the changes that should be made on your documentation. To schedule a meeting, please access this link: https://advisera.com/27001academy/consultation/
Ideas to formulate objectives
Answer
The best starting point to develop meaningful quality objectives is the quality policy. A good quality policy takes good care of clause 5.2.1 a).
What is the strategic direction of your organization, what is behind its competitive advantage? Is your competitive advantage being effective, generating satisfied customers, revenue, margin?
For example, consider: Customer satisfaction; Complaints; Capacity use; Unit price.
Answer
The answer depends on the scope of your IMS. If among your IMS scope, there are projects that clients request you to develop then Design and Development is mandatory. If all projects are developed, or delivered, by clients then Design and Development is not applicable within your IMS.
Answer
No, it is not mandatory to have a consultant to get or maintain ISO 9001 certification. The only requirement is being compliant with ISO 9001 and internal requirements.
Section A.18.1 Compliance with legal and Contractual Requirements
Answer:
To record the legal and contractual requirements relevant to your ISMS you can use the List of Legal Regulatory Contractual and Other Requirements template. To document your approach to identify these requirements you can use the Procedure for Identification of Requirements template.
Both templates are located in folder 02 Identification of Requirements of your toolkit.
By the way, included in your toolkit there is a List of Documents file which shows you which requirements and controls from ISO 27001 are covered by each document in the toolkit.
BIA questions
Answer:
First of all thanks for this feedback.
Legal penalties refer to penalties related to laws and regulations defined by governments, while contractual penalties refer to penalties related to contracts and service agreements established between the organization and customers, organization and suppliers, or organization and partners or other third parties.
If you have other explanation you need about specific questions on BIA questionnaire, could you please send it to us, so we can have a better understanding on which details we must provide?
Document control of handwritten documents
Answer
Handwritten documents can be controlled documents under an ISO 9001 quality management system.
First, identify that kind of document, give it a name or designation, and identify its version.
Then, determine the authority to approve that kind of document and evidence that approval.
Then, determine where and how will those documents be available and whom should have access to them.
Answer:
Please check ISO 9001:2015 clause 10.2.2 and ISO 14001:2015 clause 10.2.
It is mandatory to retain a record that evidences the results of any developed correction action.
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