“We’ll keep that candidate on file” – GDPR says NO!

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23/03/2018

I’m definitely far from an expert in GDPR, I’ve been on a one day training course, watched some webinars, read lots of articles and slowly but surely getting my head around it – are you?

This got me thinking about a classic line often said by many a client after receiving a CV that they are not interested in at that time – “we’ll keep them on file”.  With the GDPR regulations this could well be a thing of the past unless you seek the permission from the candidate to do so. The problem with this is that the contact details of the candidate are 9 times out of 10 stripped out by the recruiter before they submit the CV to a client and so you have no way of contacting them.

One of the main things I am hearing coming out of GDPR is gaining permission is a must and should be explicit, you must have a legitimate business reason for storing that data and have permission to do so. The recruitment agency as the data controller is sharing information with you with the permission of the candidate for a specific job role only. Using  that information or storing it for any other purpose is potentially in breach of GDPR. Our advice is that you should only keep that CV for as long as necessary, if you reject a candidate on the strength of the submitted CV you should DELETE it.

If you interview a candidate and put them through the recruitment process then you have a legitimate business reason for retaining that information. However at the point they are no longer under consideration then again our advice is that you should DELETE it.

All recruitment consultancies (after the 28th May 18) should have detailed in their terms of business on how they expect you to handle the data once it has been transferred to you, the client. Under GDPR regulations both the Data Controller (recruitment consultancy) and Data Processor (Client) can be held liable for any data breach. It is advisable that any person involved in the recruitment process and in receipt of the candidates CV should be made aware of the terms of business so they fully understand their legal reasonability whilst handling that data.

Is this a pain? It may be uncomfortable to start with as clients like to have a ‘bench’ of candidates they can go back to. In reality how often do you look back at those candidates that you have received in the past? And if you do are they even still looking for an opportunity?

Our recommendation is to let the recruitment expects do their job in attracting relevant and current top talent to your job opportunities and you concentrate on what you do best,  creating and developing world class medical devices.

If you are seeking to hire the very best top talent in the market and are serious about investing in doing so then please take the opportunity to have a 15 minute free consultation with Nigel Job, CEO at Remtec - book here.

Not quite at the hiring stage? Why not check out this free ebook 12 Questions to ask an Executive Search Partner Before You Engage Them.

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