Overview of a Letter to Amend Employment Contract

What is a Letter to Amend Employment Contract?

The General Data Protection Regulation (“GDPR”) is a new privacy law in the European Union (“EU”), which came into force on 25 May 2018. The GDPR regulates the protection of personal data, which includes any information that can be used to identify a person, such as a name, identification number, location data, an online identifier, and a wide range of other types of information.

The GDPR applies to all business in the EU, including the UK. However, if you are a business outside the EU that collects personal data from individuals in the EU, and you make decisions about how and why the personal data is used, you will be considered a “controller” under the GDPR, and be subject to its rules regarding the data of those individuals. If you process personal data of individuals in the EU on behalf of a controller, you will be considered a “processor”, and will also need to comply with the GDPR.

The Data Protection Act 2018 (“DPA 2018”) is the UK’s third generation of data protection law, its main provisions commencing on 25 May 2018. The DPA 2018 details how the GDPR applies in the UK, and also covers areas of data protection that does not fall within EU law.

Important Note: The GDPR is a complex principle-based law subject to further interpretation by the supervisory authorities of each EU country. If you are not sure whether your data handling practices are compliant with the GDPR, please seek professional legal advice.

When should you use a Letter to Amend Employment Contract?

This Letter to Amend Employment Contract sets out a DPA 2018 and GDPR-compliant clause to replace an existing personal data clause in the Employment Contract.

One of the key requirements imposed by the GDPR is transparency on the collection and use of personal information. Individuals have the right to be informed about what you do with their personal information. In addition to updating your Privacy Policy to inform customers about your privacy practices, data controllers should also issue internal notices informing employees of data handling practices and their rights. You may use our Employee Privacy Notice for assistance.

This Letter to Amend Employment Contract requires the employee to acknowledge receipt and agree to the amendment by signing on the letter and returning it to the company. You may choose to require a signed copy of the Company’s Employee Privacy Notice to be attached to the letter.

Key points included

-Replacing the clause on data protection in the Employment Contract;
-Indicating the company’s commitment to comply with the DPA 2018, the GDPR and successor legislation;
-Informing employees about the Employee Privacy Notice;
-Brief guidelines on confidential information;
-Deadline for returning the signed letter; and
-Option to require attachment of the signed Employee Privacy Notice.

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