General and Labor Law Aspects of the GDPR (original) (raw)

The Impact of EU Law on Hungarian Anti-Discrimination Law in Employment

ELTE Law Journal, 2018

The purpose of this study is to give an overview of the impact of EU law on some specific aspects of equal treatment in Hungarian labour law. In Section II, a short description is given on the main features of relevant EU and national legislation. In Section III the current status of national implementation of EU law is analysed concerning a central instrument of national equality law, i.e. the rules on burden of proof. The main developments of the case law of Hungarian courts is followed up; this was recently summarised and evaluated by the Case Law Analysing Group of the Kúria appointed to scrutinise the judicial practice of equal treatment regulation in the field of labour law. In Section IV, it is evaluated how far Hungarian labour law has come in the implementation process over the past 15 years in the analysed fields, and which challenges have to be addressed in the forthcoming 15 years.

Privacy at Work: the Regulation of Camera Surveillance in Hungarian Labour Law

Acta Universitatis George Bacovia. Juridica, 2017

The paper will examine the Hungarian privacy and data protection regulation concerning workplace monitoring with special regard to camera surveillance. Hungary is a Member State of the European Union, which means that it has to meet the legal requirements arising from its membership. Recently, between 2012 and 2014 the whole privacy and data protection regulation changed in Hungary: a new constitution, a new civil code, a new labour code and a new data protection act came into force, extremely changing the legal environment of our subject. The paper will present how Hungary regulates CCTV surveillance in the employment context from a data protection point of view, focusing on the legal environment and on the practice of the data protection supervisory authority with regard to the question whether Hungary successfully complies with the requirements posed by its membership in the European Union. After the detailed analysis of the regulation and its comparison to EU norms, I came to the conclusion that as a result of the legal changes Hungary complies better with the EU requirements, ensuring an effective protection of the fundamental rights of employees. However, I also found some insufficiencies of the regulation, to which I will propose some solutions in my paper.

M.Czaplewski, A.Modzelewska-Stalmach, M.Popiołek, General Data Protection Regulation : results of a pilot study, „European Journal of Service Management”, t.28/2, nr 4/218, s. 105-111.

The article focuses on the social aspects of the GDPR implementation. Paper presents the results of a study conducted in 2018, after the introduction of legislative changes. The study was exploratory and its aim was to find out how administrative employees evaluated and feels about GDPR. The survey was conducted as an online survey questionnaire. The article presents the results of the study, initial conclusions after its implementation, and a proposal for further research.

Considerations regarding compliance with the Regulation (EU) 2016/679 (GDPR) in Human Resources Departments

Proceedings of the International Conference on Business Excellence, 2019

Most companies and institutions, collect and process personal data about their employees, such as: name, phone number, email address, person’s location information and activities at work, surveillance images from CCTV cameras, - all of these are personal data of individuals. And the list remains open. Consequently, all state or private institutions are affected by REGULATION no. 679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 (“GDPR”). In this paper we will present also, some of the past laws available in European Union prior to the approval of the REGULATION no. 679 of 27 April 2016. Those were also important for the life of the European citizens, but they have not been so well implemented and transposed into the legislation of all EU countries, which led in time to the appearance of the new REGULATION no. 679 of 27 April 2016. GDPR has a global impact as its rul...

A foreign body in employment law? - The impact of EU accession on Hungarian anti-discrimination law in employment

Hungarian Labour Law E-Journal, 2019

Even though Hungarian law, including Hungarian labour law had enshrined some initial provisions on prohibition of discrimination before the process of adoption of relevant EU law, European standards in relation of regulation of equality required the implementation of a set of dominantly new and unknown concepts and legal instruments. The purpose of this series of articles is to give an overview of the impact of the EU law on equal treatment on relevant Hungarian labour law. In Part I, a short description is given on the status of national provisions as existed before the implementation of the relevant EU directives, highlighting the most important regulation needs and challenges identified by the then relevant academic literature.

The problem of persons having a similar legal status as employees (workers), and the absence of regulating this legal status in the Hungarian labour code: The “third estate” of the labour market

2013

The new Hungarian Labour Code (Act I of 2012 of the Labour Code) (hereinafter referred to as the “Current Labour Code”) was adopted by the Parliament in December 2011 and came into force on 1 July 2012. This code brought about a conceptual change in relation to the former regulation and obviously will induce many debates in the future. In this study the problem of the legal status of “persons having a similar status as employees” is analysed. The new approach of the different legal status of employees (in a wider sense) and the employment relationship can be deemed as the basis of the reformation of the labour law. The clarification of this legal status can change the structure and personal scope of the labour law. In this study the author analyses, as a starting point, the substance of traditional employment (Section 1). After this it is necessary to show why this formula became instable, with special regard to the change of the employer’s structure (Section 2). The next part deals...

Pre-employment and Data Protection in Hungary: the Main Issues Regarding Social Networking Sites and Hiring

In: Ljubomir Stajiđ (ed.): Harmonisation of Serbian and Hungarian Law with the European Union Law. Újvidék: Újvidéki Jogtudományi Kar, Kiadói Központ, 2016

Social networking sites enjoy a worldwide popularity and have become a part of everyday life. Users share an enormous amount of personal data which can have serious implications for future carrier options. Employers find it very tempting to check the candidates' online profiles, as they can easily and freely access all kinds of information which can contribute to the selection of the best candidate. However, the employer cannot consult these profiles or use the information obtained without limits: the data protection and the labour law regulations shall be applied to the hiring process too. The Hungarian Labour Code regulates the question of data protection and hiring, although it does not contain special dispositions regarding the screening of job applicants' social networking profiles. The article presents the Hungarian regulation: what are the main requirements set out by the Privacy Act and how the dispositions of the Labour Code strike the balance between the employer's legitimate interests and the candidate's fundamental rights and addresses the issues raised by the spread of social networking sites.

Implementation of the General Data Protection Regulation in companies in the Republic of Croatia

Ekonomski Vjesnik, 2018

This paper deals with the current issue of protecting individuals regarding the processing of their personal data and the free movement of such data. As this matter is also regulated by the European Union legislation, the paper describes and analyzes the scope, implications, methods and tools for applying the new EU regulation adopted on 27 April 2016 by the Parliament and the Council of the European Union. The subject matter is the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. The short title of this Regulation is General Data Protection Regulation (GDPR). The term GDPR is thus in common everyday use in companies and among business people, and will also be used in this paper. In addition, the paper analyzes the research conducted on the existing state of affairs and the way in which all collected personal data are processed and used by all stakeholders in the company Atlantic Grupa d.d., Zagreb. In addition, a harmonized project of a structured and methodologically correct procedure for implementation of the provisions of the new Regulation is described for the purpose of achieving the highest degree of compliance of all members of Atlantic Grupa d.d. with the provisions of the GDPR. Finally, the basic objective of the described project is explained, which is to avoid situations that would lead to the extremely high fines for non-compliance with the Regulation.