Do I have to answer to CVs to comply with the GDPR?
One of the most common doubts in companies to comply with the GDPR is to answer to CVs or not. Sometimes, companies organize selection processes but, many others, candidates send their CVs without there even being a selection process open, through generic emails that can appear in the different communication channels of the company, such as their website.
What are the circumstances of the penalised case?
Indeed, the AEPD imposed a fine of € 2,000 on a company for not responding to the sending of a CV by a candidate via WhatsApp, but as always, it is necessary to understand the circumstances of the case to fully understand what the AEPD establishes.
- The penalised company had an open selection process on its website, providing candidates with different means of sending their CVs.
- Additionally, the company did not comply with the prior request of the AEPD or present allegations at any time when it had the right to do so.
- In these circumstances, the AEPD imposes a € 2,000 fine on the company for breach of the duty of transparency and information to the data subject.
Should I then answer to CVs that you send me?
If you collect a CV in a selection process or are simply sent it, remember that….
- Always collaborate with the AEPD. In addition to being a legal obligation, ghosting the AEPD is not usually a good strategy. In this specific case, I am unaware of the circumstances that led this company not to answer, but as I said, the AEPD usually values the level of collaboration of the inspected companies. In some cases, the inspection can even end with a “simple” warning .
If you have questions about data protection in relation to your selection processes, please contact us!
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LEGAL IT GLOBAL 2017, SLP
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