Privacy Notice (Job Applicants)

This document is a legal statement that indicates how your company collects and processes the personal data of recruitment candidates - it is a requirement of data protection law to give this statement to individuals. Read more

What is a recruitment privacy notice?

The basics: This job applicant privacy notice (also known as a recruitment privacy notice) is a legal statement that indicates how your company collects and processes the personal data of recruitment candidates (whether this data collection process takes place directly via the candidate or indirectly via a recruitment or other agency company). It is a non-negotiable document that can be posted on your website where users can access it without having to contact you - it could also be provided to applicants via another method.

How can your business benefit from using a recruitment privacy notice?

Legal requirement: It is a legal requirement to give certain information to data subjects via a privacy notice when you are processing their personal data. You will collect and access a range of personal data about job applicants and candidates, so it’s key that they are provided with a privacy notice that tells them how and why you are using that personal data. Failure to do so could have a huge impact on your business:

  • Damage to your reputation: non-compliant data protection practices can lose the hard-earned trust of your prospective employees - having a privacy notice in place is an obvious way to demonstrate to job applicants that you take their privacy seriously and make your business even more attractive to them;
  • Hefty fines: In the event of a non-compliance with data protection laws, your business could be exposed to multi-million-pound fines and legal action; and
  • ICO investigations: If complaints are made about your data protection practices, this could ultimately lead to an ICO (the data protection regulator in the UK) investigation. This type of investigation would cause the ICO to look into your data protection practices and procedures in detail, and potentially take action where non-compliances are identified.

When should I use a different privacy notice?

Employees: You should not use this document for employees – a separate document should be drafted and made accessible to the people you have hired (e.g. via an intranet) and different policies, purposes and retention periods will apply. Our dynamic employee privacy notice can be used for employees / workers.

Website visitors / other third parties: You will collect information about other third parties during the course of your business, from website visitors to customers. The information given to these individuals should be tailored to them - you can use our website privacy notice to do this.

This document assumes that you are a UK business and that English law applies.

What does Docue’s recruitment privacy notice include?

Tailored to job applicants: The recruitment privacy notice explains who your company is, how you collect and process data, what you use it for and on what legal basis, and who you share it with. For example, you may take notes during an interview, or record your communications with a job applicant, along with their CV and cover letter, for a certain period of time after they have either been successful or unsuccessful in the hiring process, and you may share this data with other members of staff (such as HR or the CEO). It may also contain information about the cookies you use on your website to collect technical data about job applicants that visit your platform (and if they are directed to apply through your platform, this will be applicable).

Key provisions: UK data protection laws have strict requirements about the information that a privacy notice must set out, which include:

  • Controller details - the identity and the contact details of the controller (which will be the prospective employer in the case of a recruitment privacy notice);
  • Data protection officer (DPO) - if you have appointed a DPO, the contact details of the DPO must be provided to candidates via the privacy notice;
  • Purpose and lawful basis - the specific purposes of the processing as well as the lawful basis for the processing must be included (and where legitimate interests are relied upon as the lawful basis, details of the specific legitimate interests);
  • Data sharing - job applicants should be given details of the recipients or categories of recipients of their personal data e.g. other group companies, software providers;
  • International transfers - where applicable, you need to tell candidates that you are transferring their personal data to a country outside of the UK and EEA;
  • Retention period - you must tell candidates the period for which their personal data will be stored, or if that is not possible, the criteria used to determine that period; and
  • Data subject rights - a privacy notice must tell data subjects what their rights are under data protection laws. This includes the right to request access to and rectification or erasure of personal data, the right to request the restriction of processing concerning the data subject or to object to processing, the right to data portability, the right to withdraw consent at any time and the right to lodge a complaint with the ICO.

You can include all of the matters listed above (plus more!) in Docue’s dynamic recruitment privacy notice template, to produce a legally compliant recruitment privacy notice that is ready for use with your job applicants and candidates.

Create a recruitment privacy notice in no time using Docue

Looked after by lawyers: Docue’s recruitment privacy notice template is lawyer-made, lawyer-maintained, and has lawyer-crafted guidelines to steer you through every stage of drafting your document. It is kept up to date by our lawyers so it always meets the requirements of ever-changing data protection laws.

Simple to use: To create your recruitment privacy notice with confidence and speed, simply click through the intelligent tick box options and text box answers and you’ll have a comprehensive, tailored, and ready-to-use policy in no time.

Tags: recruitment privacy notice, recruitment privacy policy, job applicant privacy notice, candidate privacy notice, recruitment requirements, UK GDPR, HR compliance

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