Is consent to the processing of personal data required in contracts?

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12.07.2023 14:47 442

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Photo of lorina200215 Lorina Fedan

When exercising the right to work, processing of personal data is carried out in accordance with the Labor Code and other regulatory legal acts, the employment contract, and not on the basis of a separate consent to the processing of personal data.

Consent to the processing of personal data should not be required when concluding a contract.

Art. 11 of the Law "On the Protection of Personal Data" defines a comprehensive list of cases and conditions under which the subject's personal data may be processed.

The Law includes the following as such grounds:

1) consent of the subject of personal data to the processing of his personal data;

2) permission to process personal data granted to the owner of personal data in accordance with the law exclusively for the exercise of his powers;

3) conclusion and execution of a transaction to which the subject of personal data is a party, or which is concluded for the benefit of the subject of personal data or for the implementation of measures preceding the conclusion of the transaction at the request of the subject of personal data;

4) protection of vital interests of the subject of personal data;

5) the need to fulfill the obligation of the owner of personal data, which is provided by law;

6) the need to protect the legitimate interests of the owner of personal data or a third party to whom personal data is transferred, except in cases where the needs to protect the fundamental rights and freedoms of the subject of personal data in connection with the processing of his data prevail over such interests.

12.07.2023 14:50

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