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Questions about sending resume, cover letter and contact info overseas.

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Guest user Created:   Sep 23, 2022 Last commented:   Sep 28, 2022

Questions about sending resume, cover letter and contact info overseas.

I'm a *** citizen filling out an online employment application with an international company, for a position in the ***. Their website says “We are processing your personal data according to Art. 6 (1) (a) GDPR and Art. 88 GDPR.” It’s the first time I’ve heard about this…

The data in this case would be my resume and possibly a cover letter as well as personal contact information such as address, phone number and e-mail. I searched the company I intend applying to and found out that they have been bought by a multinational company.

I put Art. 6 (1) (a) GDPR and Art. 88 GDPR in my web browser’s search box and was directed to the Advisera website. I read Art. 6 (1) (a) GDPR from your website, which, as I understand it, says the information I supply will be used regarding an employment contract, which sounds reasonable to me.

I read Art. 88 GDPR from your website and I think item 2 says they can share the information I supply across their enterprise with dignity, and transparency. I presume this is on a need-to-know basis similar to how personnel records would be handled here in the United States, am I right?

To do with an application for employment, are there any other parts of the GDPR that I should read? Their website did say “We are processing your personal data according to Art. 6 (1) (a) GDPR and Art. 88 GDPR.” Are there other Articles of the GDPR that I will be bound by?

Art. 88 Item 3 gives the date 25 May 2018, so am I reading the most up to date version of GPR?

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EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

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Tudor Galos Sep 28, 2022
1. I presume this [information supplied that will be used regarding an employment contract] is on a need-to-know basis similar to how personnel records would be handled here in the United States, am I right?

If the company is subject to GDPR, then the company is either based in the EU or it offers goods/ services to people in the EU or monitors the behavior of people in the EU. In any case, personal data must be processed according to the principles of lawfulness, fairness and transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality, accountability – as defined in Art 5 GDPR - Principles relating to the processing of personal data and according to the principle of data protection by design and by default, as defined in Art 25 GDPR - Data protection by design and by default. Article 25 covers a need-to-know basis, as “[technical an organizational] measures shall ensure that by default personal data are not made accessible without the individual's intervention to an indefinite number of natural persons”

2. To do with an application for employment, are there any other parts of the GDPR that I should read?

I recommend reading European Data Protection Board’s opinion 2/2017 on data processing at work - wp249, link below.

3. Are there other Articles of the GDPR that I will be bound by?

GDPR applies to personal data controllers and processors (companies, persons, institutions) that process personal data, ensuring that people like you are protected with regard to the processing of personal data. GDPR protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data. So your employer will be bound by all GDPR requirements, and you are protected by all GDPR articles and recitals.

4. Art. 88 Item 3 gives the date 25 May 2018, so am I reading the most up-to-date version of GDPR?

Yes. GDPR was not changed since May 25th, 2018.

Please also consult these links:

Tudor Galos
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