{"id":16774,"date":"2020-03-31T16:16:39","date_gmt":"2020-03-31T16:16:39","guid":{"rendered":"https:\/\/businessadapter.es\/data-protection-and-ertes\/"},"modified":"2024-12-11T10:49:16","modified_gmt":"2024-12-11T10:49:16","slug":"data-protection-and-ertes","status":"publish","type":"post","link":"https:\/\/businessadapter.es\/en\/data-protection-and-ertes\/","title":{"rendered":"DATA PROTECTION AND ERTES"},"content":{"rendered":"\n
\n

Data Protection <\/strong>and the application of the ERTES<\/strong><\/h2>\n

Data Protection and <\/strong><\/a>and the application of ERTES<\/strong> <\/a>(Expediente de Regulaci\u00f3n Temporal de Empleo) are the order of the day, due to the current circumstances.<\/p>\n

Our headquarters in Valencia<\/strong> <\/a>has received inquiries related to this topic that we will analyze.<\/p>\n

In an irremediable way, there are entities that are forced to take the ERTE as the temporary solution for the survival of their companies and the jobs of their employees.<\/p>\n

The first thing to remember for those who process personal data as a result of their professional and business activity is that the decision of an ERTE implies compliance with all the legal rules to which it is subject.\"\"<\/a> decision of an ERTE implies compliance with all those legal rules to which it is subject.<\/p>\n

This is the case with the European Data Protection Regulation (RGPD<\/strong><\/a>) and the Organic Law on Data Protection(LOPD-GDD<\/a>), <\/strong>which must be complied with, even in exceptional situations such as those of COVID-19.<\/p>\n

ERTES must meet specific requirements in order for employers to be able to apply for this measure.<\/p>\n

Causes for requesting an ERTE:<\/h3>\n

-Major force: loss of activity <\/p>\n

-Organizational, production or technical: when there are changes in the forms of organization in companies, demand for products or means of production.<\/p>\n

-Economic: negative economic situation.<\/p>\n

Types of measures that may result from an ERTE:<\/strong><\/h3>\n

-Suspension of temporary labor contracts<\/p>\n

-Temporary reduction of working hours<\/p>\n

The rights of workers during the implementation of an ERTE<\/strong> are as follows:<\/p>\n

-Collection of unemployment benefits<\/p>\n

-Once the ERTE<\/strong> has ended and the company has resumed its activity, employment will be maintained for at least 6 months.<\/p>\n

Risks in an ERTE<\/strong> with respect to data protection<\/strong><\/h3>\n

The main risk is to violate one of the principles governing data protection: DATA MINIMIZATION.<\/p>\n

In other words, the personal data collected for the implementation of an ERTE<\/strong> must be adequate, relevant and limited to what is necessary for the purposes for which they are processed (art. 5.1.c) RGPD and 4 LOPD-GDD). <\/p>\n

However, this is not the only point to be taken into account in an ERTE; data protection<\/strong> must continue as it was prior to the extraordinary labor measures.<\/p>\n

Therefore, all the obligations of the Data Protection Regulations<\/strong><\/a> (LOPD-GDD and the RGPD), since the ERTE, as its name indicates, is a temporary circumstance.<\/p>\n

Data Protection Obligations<\/h3>\n

Companies must continue to comply:<\/p>\n

-Maintaining your security measures against security breaches.<\/p>\n

–Data protection training courses<\/strong><\/a> <\/p>\n

-Forms for employees and the general public to exercise their rights.<\/p>\n

-Active and available, as well as documents relating to special categories of data<\/p>\n

-Update of the Impact Assessments<\/p>\n

–Internal and external data protection<\/strong> <\/a>internal and external.<\/p>\n

In short, all the obligations that a company has under the Data Protection<\/strong> Act.<\/u><\/p>\n

Data Protection Sanctions<\/h3>\n

The Spanish Data Protection Agency <\/strong>(AEPD) has already ruled on this issue at other times, such as in Resolution R\/00597\/2018<\/strong>.<\/p>\n

In this case, the implementation of an ERTE in the Palma de Mallorca airport delegation was carried out without complying with the Data Protection Law.<\/p>\n

The supervisory authority fined the company 15,000 euros for non-compliance with the data minimization principle. <\/p>\n

In the hands of expert Data Protection Consultants<\/h3>\n

If your company has implemented an ERTE or is in the process of applying for one, you can contact Business Adapter for advice on data protection compliance.<\/strong><\/p>\n

Business Adapter is an expert <\/a>data protection<\/strong> consultancy<\/strong> <\/a>in Valencia.<\/strong> Contact us at info@businessadapter.es<\/a> or at 961318804.<\/a><\/p>\n

<\/p>\n

Legal Department – Business Adapter\u00ae<\/p>\n<\/div><\/div>\n","protected":false},"excerpt":{"rendered":"

Data Protection and the application of the ERTES Data Protection and and the application of ERTES (Expediente de Regulaci\u00f3n Temporal […]<\/p>\n","protected":false},"author":1373,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[75],"tags":[],"class_list":["post-16774","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/businessadapter.es\/en\/wp-json\/wp\/v2\/posts\/16774","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businessadapter.es\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businessadapter.es\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businessadapter.es\/en\/wp-json\/wp\/v2\/users\/1373"}],"replies":[{"embeddable":true,"href":"https:\/\/businessadapter.es\/en\/wp-json\/wp\/v2\/comments?post=16774"}],"version-history":[{"count":1,"href":"https:\/\/businessadapter.es\/en\/wp-json\/wp\/v2\/posts\/16774\/revisions"}],"predecessor-version":[{"id":16777,"href":"https:\/\/businessadapter.es\/en\/wp-json\/wp\/v2\/posts\/16774\/revisions\/16777"}],"wp:attachment":[{"href":"https:\/\/businessadapter.es\/en\/wp-json\/wp\/v2\/media?parent=16774"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businessadapter.es\/en\/wp-json\/wp\/v2\/categories?post=16774"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businessadapter.es\/en\/wp-json\/wp\/v2\/tags?post=16774"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}