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GDPR and Data Relating to Former Employees

The principles relevant to the retention of employee data under the General Data Protection Regulation (“GDPR”), which comes into effect on 25th May 2018, do not differ greatly from those under the current data protection regime.  

Under both the GDPR and the Data Protection Act 1998, personal data must be kept for no longer than is necessary for the purposes for which it is processed. However, the GDPR requires employers to be more transparent about their retention policies and includes additional rights for employees and greater penalties for non-compliance. 

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