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Applicant Privacy Notice Template for England and Wales

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Key Requirements PROMPT example:

Applicant Privacy Notice

"I need an Applicant Privacy Notice for my UK-based tech startup that will be using AI-powered recruitment software and conducting international hiring, with specific provisions for automated decision-making and cross-border data transfers to be implemented by March 2025."

Document background
The Applicant Privacy Notice has become essential following the implementation of stringent data protection regulations in the UK. This document is required whenever organizations collect personal data from job applicants, ensuring compliance with the UK GDPR and Data Protection Act 2018. It provides transparency about data processing activities during recruitment, including what information is collected, how it's used, who it's shared with, and how long it's retained. The notice must be provided to all job applicants in England and Wales before or at the time their personal data is collected.
Suggested Sections

1. Introduction: Overview of the notice and its purpose, including identity of the data controller

2. Data Controller Information: Company details, contact information, and DPO details if applicable

3. Types of Personal Data Collected: Comprehensive list of personal data categories collected during recruitment process

4. Purpose of Processing: Detailed explanation of how and why personal data is used in the recruitment process

5. Legal Basis for Processing: Legal grounds under UK GDPR for processing personal data, including legitimate interests assessment where relevant

6. Data Sharing: Information about third parties who may access the data, including recruitment agencies, background check providers

7. Data Retention: Retention periods for successful and unsuccessful candidates' data

8. Data Subject Rights: Explanation of applicants' rights under data protection law and how to exercise them

Optional Sections

1. International Transfers: Details of any data transfers outside the UK, including safeguards in place (required when data is processed outside the UK)

2. Automated Decision Making: Information about any automated processing or profiling in recruitment (required when using AI or automated systems)

3. Background Checks: Information about verification processes and handling of criminal record data (required for regulated industries or security-sensitive roles)

Suggested Schedules

1. Data Categories List: Detailed breakdown of all personal data collected, including special category data

2. Third Party Processors: Comprehensive list of data processors and their roles in the recruitment process

3. Cookie Policy: Details of cookies and similar technologies used in online application systems

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

UK GDPR: UK General Data Protection Regulation - The primary legislation governing personal data processing in the UK post-Brexit, setting out principles for data protection and individual rights

Data Protection Act 2018: The UK's implementation of data protection legislation, working alongside UK GDPR to provide a comprehensive framework for data protection in the UK

PECR 2003: Privacy and Electronic Communications Regulations - Specific rules for privacy in electronic communications, relevant for digital recruitment processes

ICO Employment Practices Code: Regulatory guidance from the Information Commissioner's Office specifically dealing with data protection in employment contexts

ICO Privacy Notice Guidance: Specific guidance from the ICO on how to draft and implement privacy notices that meet transparency requirements

ICO Recruitment Guidance: ICO's specific guidance on handling personal data during recruitment and selection processes

Equality Act 2010: Legislation protecting against discrimination, relevant for handling sensitive personal data related to protected characteristics during recruitment

Employment Rights Act 1996: Key employment legislation that may impact how certain personal data is processed during recruitment

Human Rights Act 1998: Particularly Article 8 regarding right to privacy, providing underlying legal framework for privacy rights

EU GDPR: European Union General Data Protection Regulation - Relevant when recruiting from EU/EEA countries or processing EU citizens' data

International Data Transfer Requirements: Rules and requirements governing the transfer of personal data outside the UK, including adequacy decisions and appropriate safeguards

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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