Performing these tasks by manual methods increases the risk of human error, not to mention increased costs and time. Companies need to integrate automation that can simplify the compliance process. An information provider is essentially a commercial or service contract of a commercial nature. Therefore, the provisions of the law apply to such situations and Ge-Shen will review its approach with respect to business agreements or its employment contracts, its manuals, and the retention and use of employees` personal data. Singapore enacted the Personal Data Protection Act (PDPA) in 2012, which came into force at various stages. the Privacy Policy came into effect on July 2, 2014. PDPA applies to any organization that deals with the collection, use and/or disclosure of personal data (stored in electronic and non-electronic form) of individuals in Singapore, whether or not the organization is based in Singapore. Recruitment companies, employment agencies, headhunters and other similar organizations are also subject to the PDPA Privacy Policy. The PDPA prohibits the transfer of personal data from Malaysia unless such transfer takes place to a country indicated and registered by the Minister in the Official Gazette. Currently, no country has been officially indicated. Notwithstanding the prohibition on the transfer of personal data from the country, the PDPA provides for a number of exceptions to the prohibition, e.B. if the consent of the data subject has been obtained for such a transfer and the transfer is necessary for the performance of a contract between the parties. In case of doubt as to the applicability of the exceptions to the transfer of data, the prudent approach would be to obtain the consent of the data subject to such transfers from Malaysia.
With regard to outsourcing, a data user is not allowed to share data with third parties unless the consent of the person has been obtained. China has actively put the finishing touches on the implementation of its data protection and security laws in the form of CSL, DSL and PIPL. Therefore, the Cyberspace Administration of China (CAC) has now done so. We may use your personal data to provide you with internal information about our business practices and job offers, as well as third-party services and/or products that may be related to your interests, unless you choose otherwise. We take reasonable steps to ensure that the 3rd parties with whom we share your personal data also have adequate data protection and privacy obligations. If you do not want your personal data to be used for marketing and promotional purposes, please contact us using the contact details provided below. Your final written instructions take precedence. And if the employer determines that a data breach is a reportable data breach, they must notify the PDPC as soon as possible. Upon or after notification to the CPDP, the employer must also notify any employee affected by a data breach to be reported in a manner appropriate in the circumstances. According to the 2013 regulations, a security policy must be formulated by the data user. A brief overview of the security standards prescribed by the 2015 standards is as follows: Data processor: A data processor within the meaning of PDPA means « any person who is not an employee of the data user who processes personal data exclusively on behalf of the data user and does not process personal data for his or her own purposes ».
The Securiti consent management solution provides organizations with a comprehensive consent orchestration platform with customizable endpoints, configurable workflows, and comprehensive logging. This solution can help companies easily comply with consumer consent and comply with data protection regulations. Your personal data will be treated confidentially, but you agree and authorize us to share or share your personal data with the following group of users: In accordance with Articles 16, 21 and 22, current and former employees receive rights over their personal data that can be exercised and the employer is obliged to comply with these requests within a specified period. These rights include: When sharing an employee`s personal data with external third parties and providers such as human resources departments, security service providers, or health insurance services, the employer must assess its privacy practices and compliance with PDPA requirements by its third party/provider. It may be necessary for us to transfer your personal data outside of Malaysia if one of our service providers or strategic partners involved in providing part of the employment service is located in countries outside Malaysia. You agree that we may transfer your personal data outside of Malaysia if this is necessary for the performance of the agreed employer-employee contract. For more information or clarification regarding access to personal data, rectification, erasure or other information relating to PDPA, you can contact us via the following details: This policy prohibits a data user from processing personal data without the consent of a data subject. However, a data user is not required to comply with this requirement if the processing is necessary for: If the employer wishes to use the personal data for purposes for which consent cannot be considered or for which there is no applicable exception under the PDPA, the employer must inform the employee of these purposes and obtain his consent. Data user forums have been formed for specific industries, particularly communications, banking and finance, insurance, hospitality, transportation, direct sales, professional services and utilities. Each Data User Forum has been mandated by the Commissioner to develop its own codes of conduct for data user compliance in the respective sectors. This article provides guidance to an organization`s Human Resources Management Team (HRM Team) that is working to comply with PDPA. Below are the main obligations under the PDPA that a HRM team must take into account when processing the personal data of applicants, as well as current and former employees.
Employers may collect, use and disclose examination data without the individual`s consent. This can include monitoring an employee`s email and using computer network resources. However, employers should notify employees when surveillance cameras are present in the workplace and when they monitor their use of computer network resources. The employer may decide not to disclose the exact location of the surveillance cameras if the purpose is to secretly monitor the premises for security reasons. Employers should also conduct risk assessments and put in place sufficient technical measures to monitor and allow BYOD devices to access or store personal data collected by the organization while respecting the personal data of their employees. Section 24 of the PDPA requires employers to protect employees` personal information in their possession or control to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks. An organization`s HRM team should consider adopting safeguards that correspond to the type of personal data stored by their organization and the potential harm that could result from a security breach. Pdpa does not apply to personal data processed outside malaysia, unless the data is to be further processed in Malaysia, nor to a data user who is not a resident of Malaysia, unless that person uses equipment in Malaysia to process personal data, except for the purpose of transiting through Malaysia. The Government of Malaysia and state governments are also exempt from the application of the PDPA as well as any information processed for the purposes of a credit reporting undertaking under the Credit Bureau Act 2010. If the person is subsequently employed, it would be reasonable for the employer to continue to use the personal data provided by the person/employee in the application form for the purpose of managing the employment relationship with the person. The 2013 regulation stipulates that consent must be recorded and properly stored by data users.
The obligation to record consent implies that consent must be obtained explicitly or by means of opt-in methods, as consent is unlikely to be recorded if it is implied or if a method of withdrawal is used. In addition, it is important to note that the 2013 regulation provides that the obligation to prove consent rests with the data user. The 2013 regulations also state that where consent is required, the requirement to obtain consent is presented in its appearance as being distinct from other issues. If the personal data concern a data subject under the age of 18, the consent of the parent, guardian or person having parental responsibility of the data subject must be obtained. Article 25 allows organizations to retain only the information necessary for storage or if there is a valid business or legal purpose to store personal data. Once an organization has decided which candidate to hire, the personal data that the organization has collected from other applicants should only be retained for as long as necessary for business or legal purposes. Once an employee has left Ge-Shen, all data about them in their department should be sent to the human resources department. .