Key Takeaways
- Always obtain clear and explicit consent before collecting, storing, or processing a candidate’s personal data during recruitment.
- Implement secure data storage solutions and set clear data retention periods to comply with Belgian GDPR requirements.
- Inform applicants transparently about how their data will be used and their right to request data deletion at any time.
- Review and document your recruitment processes regularly to ensure ongoing GDPR compliance.
Understanding GDPR and Its Impact on Recruitment in Belgium
The General Data Protection Regulation (GDPR) is a European Union law that sets strict rules on how personal data is collected, processed, and stored. For employers and recruiters in Belgium, it means every step of the talent acquisition process must prioritize data privacy. GDPR applies regardless of company size, industry, or whether the recruitment is in-house or outsourced.
Non-compliance can lead to severe financial penalties and reputational damage, making it crucial to align your hiring practices with both GDPR requirements and Belgian-specific interpretations of the regulation.
Key GDPR Principles Recruiters Must Follow
Lawful Basis for Data Processing
You must have a legal reason for processing an applicant’s personal data. For recruitment, the most common lawful bases include consent, legitimate interest, and contract necessity. However, consent must be freely given, specific, informed, and unambiguous.
Transparency in Data Collection
Provide candidates with a clear privacy notice that explains what data you collect, why you collect it, how it will be used, and how long it will be stored. Including this in job application forms and interview agreements is considered best practice.
Data Minimization
Only collect the data you truly need for the recruitment process. Unnecessary collection of information not directly relevant to the vacancy may be a GDPR violation.
Best Practices for Storing and Handling Candidate Information
- Use encrypted databases or secure applicant tracking systems.
- Restrict access to candidate data to authorized HR and hiring personnel only.
- Automatically delete candidate profiles after a set retention period unless explicit consent is given to keep them longer.
- Document all data handling procedures for compliance audits.
Conducting GDPR-Compliant Interviews
During interviews, avoid collecting sensitive personal details that are not directly related to job requirements, such as political opinions or religious beliefs. Ensure all interview notes are stored securely and protected from unauthorized access.
Outsourcing Recruitment While Staying Compliant
If you work with external recruiters or use Recruitment as a Service providers, ensure they have strong GDPR compliance processes in place. The outsourcing contract should clearly outline data protection measures, retention periods, and responsibility for potential breaches.
How GDPR Ties Into Belgian Labor Law
Belgium applies GDPR alongside its national labor laws, which set additional requirements for employee records and recruitment procedures. Ensuring compliance with both is essential. For an overview of related HR compliance considerations, see our guide to Belgian labor law compliance for SMEs.
Practical GDPR Compliance Checklist for Recruitment
| Step | Action | Compliance Benefit |
|---|---|---|
| Consent Collection | Include consent checkboxes in application forms | Ensures lawful basis for processing |
| Privacy Policy | Clearly outline use and retention of personal data | Improves transparency and trust |
| Data Security | Use encryption and password-protected systems | Prevents unauthorized access |
| Retention Management | Delete or anonymize data after agreed period | Reduces compliance risks |
| Training | Educate HR staff on GDPR rules | Maintains consistent compliance |
Training Recruiters and HR Staff
Even the best-written policies fail if your recruitment team is unaware of them. Provide annual GDPR training sessions to familiarize your team with the nuances of Belgian data protection laws. Include role-playing scenarios to make the regulations practical and relatable.
Dealing With Candidates’ Rights Under GDPR
Right to Access
Applicants can request a copy of the data you hold about them. Ensure you have a clear process to respond within the GDPR’s 30-day period.
Right to Rectification
If an applicant spots an error in their records, you are obligated to correct it promptly.
Right to Erasure
Also known as the ‘right to be forgotten,’ applicants can request deletion of their data, which you must carry out unless there is a legal reason to retain it.
Auditing and Continuous Compliance
Recruitment processes evolve, and so do regulations. Conduct internal compliance audits at least once a year and update your privacy notices accordingly. If in doubt, consult with an HR compliance expert experienced in Belgian law.
FAQ
What is the retention period for candidate data in Belgium under GDPR?
While GDPR does not set a specific retention period, Belgian best practice is to retain recruitment data for no more than 12 months unless explicit consent to keep it longer is obtained from the candidate.
Can I share candidate data with other departments?
You may share candidate data internally, but only with individuals who require it for legitimate recruitment purposes. Any other sharing must be covered by the candidate’s consent.
Is using LinkedIn for recruitment GDPR-compliant?
Yes, provided you process only publicly available professional data and inform candidates when you store or use their information beyond the LinkedIn platform.
Do outsourced recruiters need to be GDPR-compliant?
Absolutely. If you outsource, ensure your recruitment partner has robust GDPR processes in place, as you remain ultimately responsible for any breaches.
How can I quickly check if my recruitment process is GDPR-compliant?
Conduct a checklist review focusing on consent, transparency, security measures, and retention policies. Regular audits will help maintain compliance.
Staying GDPR-compliant in Belgium requires consistent processes, legal awareness, and clear communication with candidates. If you’d like expert guidance on implementing secure and compliant recruitment strategies, contact our team at Omega HR today and ensure your hiring practices are both efficient and legally sound.