Personal data processing – Employers

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Following the issuance of the Government Decision no. 500 / 2011 (“the Decision”) referring to the General Register of Employees (“REVISAL”), we hereby notify you on the obligation of the legal entities who act as employer to notify The National Supervisory Authority For Personal Data Processing („ANSPDCP”) before registering personal data of their own employees with REVISAL.

Therefore, according to the provisions of the Decision:

„Each employer has the obligation to set up and submit to the local Labour Authorities a General Register of Employees and to present it to the Labour inspectors, at their request” (art. 2, par. 2 of the Decision);
„Employers may contract the Register filling in and submission service by concluding, by observing the provisions of art. 20, par. (5) of Law no. 677/2001 on person’s protection regarding the processing of personal data and the free circulation of these data, with the subsequent amendments and supplementing, services agreements with services providers registered with the local Labour Authorities, which perform their activity according to the provisions of the law into force” (art. 2, par. 6 of the Decision); and
„Employers effectively performing registrations with the Register have the obligation to process the personal data of employers’ employees, by observing the provisions of Law no. 677/2001, with the subsequent amendments and supplementing.” (art. 2, par. 10 of the Decision).

The provisions of the Decision become mandatory starting with August 1st 2011, therefore we recommend you to perform all legal procedures before this date.

Sanctions for non-observing the provisions of the Decision consist in penalties between RON 300 and 10,000 for each person employed without observing the legal procedures referring to filling in and submission of REVISAL, depending on the nature and gravity of the fact.

On the other side, the sanction for the omission of the employers to register themselves as personal data operators or for illegally processing these data consist in penalties between RON 500 and 50,000.

Source: Mazars

This article is also available in: Romanian

This post is also available in: Romanian

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