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Employer as the Personal Data Processor and Personal Data Processing Rules

Viimati uuendatud: 25.02.2017

Employer is always the processor of personal data because already the name and personal identification code of the employee are personal data.

Employer is a personal data processor already during recruitment, during the employment relationship, but also after the contract end. Employment Contracts Act §41 section 2 states that the employer must process the employee’s personal data following the Personal Data Protection Act.

Personal Data Protection Act regulates who and on which conditions can process data of other people. The Act applies in total also to the employers.

It is reasonable to determine company-internal rules for processing personal data with a separate document or in the work organization rules.

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