ARTICLE
21 February 2018

Employee Consent To Data Processing

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Schoenherr Attorneys at Law

Contributor

We are a full-service law firm with a footprint in Central and Eastern Europe providing local and international companies stellar advice. As the go-to legal advisor for complex commercial matters in the region, Schoenherr aims to use its proximity to industry leaders, in developing practical solutions for future challenges. We keep a close eye on trends and developments, which enables us to provide high quality legal advice that is straight to the point.
Under Polish labour law, an employer may request the following data from an employee:
Poland Employment and HR

Under Polish labour law, an employer may request the following data from an employee:

  • first name (names) and surname
  • parents' names
  • date of birth
  • place of residence (mailing address)
  • education
  • employment record

An employer can obtain the above data without the employee's consent.

Due to the narrow range of personal data that employers are allowed to process under the Labour Code, employers also try to obtain and process other personal data of employees with their consent. Employers indicate that such consent is one of the conditions permitting personal data processing on the basis of the Act on Personal Data Protection dated 29 August 1997.

Read on why this practice is challenged by various authorities

How to surprise the market: The secret trademark application

Plans to introduce a new product or service are often kept secret for a number of reasons. The later one's competitors become aware of an entirely new product or service, the longer one will enjoy the benefit of being the natural leader in that newly created market. In addition, famous companies in particular try to generate hype by creating an aura of mystery and focusing the public's attention on the big upcoming launch.

But it's not all just for show. Once a large company reveals a new brand, hijackers may rush to register internet domain names or trademarks, hoping to receive a ransom in return. This is particularly troublesome with internet domain names, which for technical reasons can only be delegated once.

If you don't get mynewbrand.com, internet users may not find your new product or service as quickly as you wish. And if a certain trademark is grabbed and registered in a trademark register before you can do it yourself, especially in less developed jurisdictions, you will have to make a disproportionate investment to convince the authorities that the trademark was registered in bad faith and should be banished from the register.

Click here to read on how companies can keep their applications for new brands a secret.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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