Employers must maintain a record of processing activities

Today (24 May 2018) is the last day for adjusting business operations to comply with the new requirements of the General Data Protection Regulation. The Article 29 Data Protection Working Party takes the view that under the GDPR, practically all employers must maintain a record of processing activities with respect to their employees’ data.

Obligation to rehire an employee terminated in a group layoff

Employers must deal with the consequences of group layoffs long after carrying them out. Their freedom to hire new workers in the future is limited, as they must first rehire staff terminated in the group layoff.

Protecting against disclosure of trade secrets by former employees

Once the Unfair Competition Act is amended, will a nondisclosure obligation have to be provided for explicitly in an employment contract when an employee leaves?

Whistleblowing and protection of confidential information

Protection of confidential information is not absolute and is subject to limitations, for instance where there is a public interest. Subject to certain conditions, a person who has a nondisclosure obligation may lawfully use the entrusted information despite the confidentiality obligation. At the moment there is no all-embracing regulation on this issue, but this may change soon.

The requirement to hire workers under employment contracts in public procurement

Following the July 2016 amendment to the Public Procurement Law, contracting authorities must indicate which activities during performance of a public contract fall within the definition of an employment relationship under Labour Code Art. 22 §1. They must also require contractors to hire persons performing those activities on the basis of an employment contract and verify that the contractors are in compliance with this obligation.

Is an unpaid ban on competition after termination of a service agreement binding?

There is no legal regulation guaranteeing even minimal compensation for refraining from competitive activity after working under a non-employment contract, but such a ban may be found to be contrary to public policy.