Complete Guide: Regularize the Sharing of Employee Data with Benefits Providers According to the LGPD
Posted: Thu Jan 30, 2025 8:45 am
Employment relations always include the processing of employees' personal data, which is generally carried out by the Human Resources department. The advent of the General Data Protection Law (LGPD) reinforced the need to protect this information, especially when it comes to sharing it with third parties, such as benefit providers. In this context, understanding the nuances and legal requirements becomes essential for employers and employees.
Initially, it is important to distinguish between sensitive and non-sensitive personal data. Sensitive personal data includes information about health, sexual orientation, religious beliefs, among others. The LGPD stipulates a higher level of protection for this data, requiring the explicit consent of the data subject for its processing and sharing. However, when it comes to non-sensitive data, the need for consent may vary depending on the circumstances.
In the workplace, sharing personal data with companies that twitter data provide benefits, such as health plans and insurance, is a common and often necessary practice. In some cases, the LGPD allows data processing without the employee's explicit consent when it is essential for the execution of a contract or compliance with a legal obligation. In other cases, the company may share the data necessary to enable the provision of agreed benefits that are included in the employment contract and are clarified in its internal privacy policy, as long as it respects the principles of necessity, adequacy and transparency.
As mentioned, the legislation provides that the data subject's consent may be waived in situations of compliance with legal or regulatory obligations. For example, sharing data to comply with laws, collective agreements, collective bargaining agreements or to meet court orders does not require the employee's consent. In other cases, it is essential to draft a Consent Form providing for the benefits offered and involving the sharing of data. When the sharing of personal data goes beyond the contractual scope and does not fall within the exceptions provided for by the LGPD, the company must obtain the employee's explicit consent. This consent must be informed, free and unequivocal, ensuring that the employee clearly understands what data is being shared, with whom and for what purpose.
It is important to highlight that, in any case, it is essential to adapt contracts signed with suppliers to provide for duties and responsibilities regarding the processing of employees' personal data that is shared, providing for duties of confidentiality, reporting of incidents, application of security measures, among others.
In conclusion, the protection of personal data in the employment context is a complex issue that requires a balance between the operational needs of companies and the rights of employees. Compliance with the provisions of the LGPD is crucial to ensure that the processing and sharing of personal data is carried out in an ethical and legal manner. Companies must be aware of the obligations of transparency and security, ensuring that employees are properly informed and protected in relation to their personal data.
Initially, it is important to distinguish between sensitive and non-sensitive personal data. Sensitive personal data includes information about health, sexual orientation, religious beliefs, among others. The LGPD stipulates a higher level of protection for this data, requiring the explicit consent of the data subject for its processing and sharing. However, when it comes to non-sensitive data, the need for consent may vary depending on the circumstances.
In the workplace, sharing personal data with companies that twitter data provide benefits, such as health plans and insurance, is a common and often necessary practice. In some cases, the LGPD allows data processing without the employee's explicit consent when it is essential for the execution of a contract or compliance with a legal obligation. In other cases, the company may share the data necessary to enable the provision of agreed benefits that are included in the employment contract and are clarified in its internal privacy policy, as long as it respects the principles of necessity, adequacy and transparency.
As mentioned, the legislation provides that the data subject's consent may be waived in situations of compliance with legal or regulatory obligations. For example, sharing data to comply with laws, collective agreements, collective bargaining agreements or to meet court orders does not require the employee's consent. In other cases, it is essential to draft a Consent Form providing for the benefits offered and involving the sharing of data. When the sharing of personal data goes beyond the contractual scope and does not fall within the exceptions provided for by the LGPD, the company must obtain the employee's explicit consent. This consent must be informed, free and unequivocal, ensuring that the employee clearly understands what data is being shared, with whom and for what purpose.
It is important to highlight that, in any case, it is essential to adapt contracts signed with suppliers to provide for duties and responsibilities regarding the processing of employees' personal data that is shared, providing for duties of confidentiality, reporting of incidents, application of security measures, among others.
In conclusion, the protection of personal data in the employment context is a complex issue that requires a balance between the operational needs of companies and the rights of employees. Compliance with the provisions of the LGPD is crucial to ensure that the processing and sharing of personal data is carried out in an ethical and legal manner. Companies must be aware of the obligations of transparency and security, ensuring that employees are properly informed and protected in relation to their personal data.