The General Data Protection Law (LGPD) directly impacts recruitment and selection processes . Inadequate processing of candidates’ personal data can generate legal risks and compromise the organization’s reputation. Therefore, companies must adopt measures to ensure the security of information collected throughout the selection process, promoting transparency and accountability at all stages of the process.
What Data Is Collected and What Is It For?
During a selection process, companies collect some information from candidates. Among them:
- Name , which identifies the candidate;
- Address and contacts , which allow communication;
- Professional experience and phone number lead academic training , fundamental for the evaluation;
- Information about professional social networks , such as LinkedIn, which helps with background analysis and networking.
Companies should only collect the data necessary to assess the candidate’s suitability for the position . Therefore, requesting data such as a driver’s license only makes sense for positions that require driving.
Legal Basis and Consent
The LGPD requires companies to define a legal basis for processing personal data. In recruitment, the main bases include:
Contract execution Preliminary procedures related to the Contract (Art. 7, V, LGPD) preliminary procedures , when data is necessary for selection and open vacancies;
Legitimate Interest (Art. 7, IX, LGPD) , as long as it paid search – google adsb respects the candidate’s fundamental rights;
Consent (Art. 7, I, LGPD) , when for CV bank/talent bank when the collection of personal data occurs digitally.
Consent must be free, informed and unequivocal , ensuring that the candidate understands the use of their data.
Secure Data Storage
Companies must take security measures to protect candidate data. Some essential actions include:
Encryption and access control , preventing betting email list unauthorized access; Restricting access to recruiters and HR professionals , ensuring that only those involved in the process can view the data Setting deadlines for deleting data , removing information from candidates not selected after a certain period, unless consent is given for future storage.
Creating CV banks requires transparent and objective criteria, ensuring compliance with the LGPD and avoiding unnecessary retention.
Sharing Data with Third Parties
Many companies use recruitment platforms and outsourced services to streamline selection processes. However, data sharing must comply with the LGPD. Some good practices include:
Formalization of contracts with recruitment providers, establishing responsibilities; Sharing limited to justifiable purposes, preventing misuse of data; Transparency with candidates , informing when and with whom their data will be shared.
Companies that adopt strict measures when sharing data reinforce their commitment to privacy and strengthen trust in the market.
Candidate Rights and Feedback
The LGPD guarantees candidates several rights, such as:
Access to personal data , allowing you to know what information has been stored; Correction of outdated or incorrect data , ensuring accuracy of information; Deletion of data , if there is no longer a need for storage; Revocation of consent , so that the data is no longer used.
Additionally, it is recommended that companies provide feedback , promoting transparency and allowing candidates to understand the selection criteria. This process strengthens the relationship and improves the recruitment experience.
Companies must ensure that internship and trainee contracts include data protection clauses , ensuring respect for interns’ rights and compliance with legislation.
DPO as a Service: Ensuring Compliance in Talent Selection
Ensuring compliance with the LGPD can be a challenge, especially for companies that do not have an in-house data protection specialist. That is why many organizations opt for DPO as a Service , a solution that offers a dedicated professional to assist in complying with the legislation. In this way, the company reduces risks, avoids penalties and optimizes privacy management.
Among the main benefits of this service, we can highlight:
Continuous monitoring of regulatory compliance, which avoids penalties and improves data governance; Secure management of candidate information , ensuring transparency and minimizing risks; Training of HR teams , enabling professionals to understand and apply good data protection practices; Specialized consultancy , ensuring that internal processes are aligned with LGPD requirements.
Count on DPO Expert for the Best Data Protection Solution
DPO Expert offers a complete DPO as a Service service , allowing your company to always be compliant. In addition, we help implement effective measures to avoid legal problems and maintain high-level information security.
Don’t put off data protection for later! Contact us now and find out how we can help your company.
