The General Data Protection Regulation (GDPR) has fundamentally changed how organizations handle personal data, and recruitment is no exception. From the moment a candidate submits their CV to post-rejection communications, every step of the hiring process involves personal data that must be handled in compliance with GDPR.
This guide breaks down what recruiters and HR professionals need to know to stay compliant.
Understanding GDPR Basics
What is Personal Data?
Under GDPR, personal data is any information that can directly or indirectly identify an individual. In the recruitment context, this includes:
- Direct identifiers: Names, email addresses, phone numbers
- CVs and cover letters: Education history, work experience, skills
- Interview notes: Observations and assessments
- Social media profiles: If used during screening
- References: Information provided by former employers
Key GDPR Principles for Recruitment
Lawfulness, Fairness, and Transparency You must have a lawful basis for processing candidate data and be transparent about how you use it.
Purpose Limitation Data collected for recruitment should only be used for recruitment purposes unless you have explicit consent for other uses.
Data Minimization Only collect data that's necessary for the hiring decision. Avoid gathering excessive information.
Accuracy Keep candidate data up-to-date and allow candidates to correct inaccuracies.
Storage Limitation Don't keep candidate data longer than necessary. Establish clear retention policies.
Security Implement appropriate security measures to protect candidate data from unauthorized access or breaches.
The Candidate Journey: GDPR at Each Stage
Job Applications
When candidates apply, they typically provide consent for their data to be processed. However, ensure your application process includes:
- A clear privacy notice explaining how data will be used
- Information about data retention periods
- Details on who will have access to the data
- The candidate's rights regarding their data
Screening and Shortlisting
During the screening process:
- Only access information relevant to the role
- Document the criteria used for shortlisting
- Avoid using social media screening without a legitimate business reason
- If using AI-powered screening tools, ensure transparency about automated decision-making
Interviews
Interview feedback is personal data. To stay compliant:
- Keep notes factual and relevant to job requirements
- Avoid recording personal observations unrelated to the role
- Store interview notes securely
- Be prepared to share notes with candidates upon request (with some exceptions)
Post-Decision Communication
Whether a candidate is hired or rejected:
- Inform all candidates of the outcome
- If providing feedback, ensure it's compliant (see our feedback without legal risk guide)
- Establish a clear retention period for unsuccessful candidate data
Candidate Rights Under GDPR
Candidates have several rights that recruiters must be prepared to accommodate:
Right of Access (Subject Access Requests)
Candidates can request to see all personal data you hold about them. You must respond within one month and provide:
- Copies of all personal data
- Information about how data is processed
- Details of any third parties data is shared with
Right to Rectification
If a candidate believes their data is inaccurate, they can request corrections. You must respond promptly.
Right to Erasure ("Right to be Forgotten")
Candidates can request that their data be deleted if:
- The data is no longer necessary for the original purpose
- They withdraw consent
- The data was unlawfully processed
However, you may be able to refuse if you have a legitimate reason to keep the data (e.g., defending against legal claims).
Right to Data Portability
Candidates can request their data in a commonly used, machine-readable format.
Right to Object to Automated Decision-Making
If you use automated screening tools that significantly affect candidates, they have the right to:
- Understand the logic involved
- Request human intervention
- Challenge the decision
Building a GDPR-Compliant Recruitment Process
Step 1: Conduct a Data Audit
Map all candidate data you collect and store. Identify:
- What data is collected
- Where it's stored
- Who has access
- How long it's retained
- How it's secured
Step 2: Update Privacy Notices
Ensure your recruitment privacy notice includes:
- Your identity and contact details
- Data Protection Officer contact (if applicable)
- Purpose and legal basis for processing
- Data recipients
- Retention periods
- Candidate rights
- International transfer information (if applicable)
Step 3: Implement Data Retention Policies
Establish clear guidelines for how long candidate data is kept:
| Candidate Type | Recommended Retention | Justification | | ----------------------- | -------------------------------- | ------------------------------ | | Successful candidates | Duration of employment + 6 years | Employment records | | Unsuccessful candidates | 6-12 months | Potential future opportunities | | Withdrawn applications | 30 days | Administrative cleanup |
Step 4: Train Your Team
All staff involved in recruitment should understand:
- GDPR principles
- Proper data handling procedures
- How to respond to candidate requests
- What constitutes a data breach
Step 5: Review Third-Party Vendors
If you use recruiting software, ATS systems, or external recruiters, ensure:
- Data processing agreements are in place
- The vendor is GDPR compliant
- Data transfers outside the EU are properly protected
How SafeFeedback Helps With GDPR Compliance
SafeFeedback was built with GDPR compliance as a core principle:
- Automated data retention: Configure retention periods and automatic deletion
- Consent management: Track and manage candidate consent
- Subject access request support: Easily export all data related to a specific candidate
- Secure storage: All data encrypted at rest and in transit
- Audit trails: Complete history of data access and modifications
- EU data residency: Data stored in EU data centers
Common GDPR Mistakes in Recruitment
Keeping Data Too Long
Many companies retain candidate data indefinitely "just in case." This violates the storage limitation principle and increases risk.
Inadequate Security
Storing CVs in shared email inboxes or spreadsheets with open access is a compliance risk.
Missing Privacy Notices
Failing to inform candidates about how their data will be used before collecting it.
Cross-Border Transfers Without Protection
Sharing candidate data with offices outside the EU without appropriate safeguards.
Conclusion
GDPR compliance in recruitment isn't just about avoiding fines, it's about building trust with candidates and demonstrating that you respect their privacy. By implementing proper processes and using compliant tools, you can create a recruitment experience that's both effective and respectful of candidate data rights.
Ready to streamline your compliant recruitment feedback process? Try SafeFeedback today.