Algemene Verordening Gegevensbescherming (AVG)

De AVG vervang de WBP

Er zijn nieuwe Europese privacyregels van kracht in Nederland sinds 25 mei 2018. De AVG heeft de Wet bescherming persoonsgegevens (ofwel: WBP) vervangen en heeft betrekking op werkgevers en werknemers.

De instelling die de controleert op de AVG door betrokken partijen correct wordt nageleefd, is de Autoriteit Persoonsgegevens. Indien zij kan aantonen dat een bedrijf/organisatie ernstig nalatig heeft gehandeld, kan er een boete opgelegd worden. De hoogte van de boete is afhankelijk van de aard van de overtreding, maar deze kan oplopen tot € 10 miljoen en 2% van de omzet, of € 20 miljoen en 4% van de omzet.

De wetswijziging en de regels omtrent de naleving hiervan, maken duidelijk hoe belangrijk correcte en zorgvuldige omgang met privacygevoelige informatie wordt geacht. Privacy is een recht waarop iedereen een beroep kan doen, dit geldt in de privé-sfeer maar even goed op het werk. Duidelijke wetgeving en heldere regels die beschrijven hoe met privacygevoelige informatie wordt omgegaan, achten wij van groot belang.

Privacy heeft betrekking op het personeelsdossier, de wettelijke bewaartermijn, maar ook de meldplicht datalekken en de rol van de ondernemingsraad. Vanzelfsprekend zijn de vertrouwenspersoon en de bedrijfsarts ook onderhevig aan de wetgeving evenals aan het beroepsgeheim.

 

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