Agency Q&A: Under GDPR, can I still refer my candidates to suppliers on our PSL?

As we all know, GDPR is now in force, as of 25th May. One concern being raised by our agency partners is in respect of passing candidate details over to Liquid Friday, or other suppliers on their PSL, and whether this is still ok under GDPR.

The short answer is yes! But let’s put that into context. Recruitment agencies are data-driven businesses, who source, process and use personal data every day, whether it relates to candidates, clients, suppliers or other 3rd parties.

The key change GDPR brings for recruitment businesses is having explicit permission or a legal basis to process an individual’s personal data.
This applies to all areas of GDPR, including who you share that data with.

Business as usual

There are three steps to ensuring it is business as usual when it comes to referring your candidates over to your preferred suppliers, (with Liquid Friday being at the top of that list naturally!)

In fact, it’s highly likely you have already covered these in the course of your GDPR preparations.

1) Update your privacy policy

Your privacy policy should explain how individuals’ data may be used and shared, to include referring them to selected suppliers for the purposes of payroll.

Here are some wording suggestions (feel free to cut and paste):

Example 1
“We will use the information we receive from you to enable selected third parties to provide you with information about goods or services they offer”.

Example 2
“We may share your personal data with third party service providers for the purposes of processing your payroll”.

Example 3
“We may share your data with relevant third party service providers (partners) including payroll service providers”.

For a belt and braces approach you should also state the name and contact details of any third party supplier with whom you may share individuals’ personal data.

(Incidentally, you can view our Privacy policy here)

2) Capturing consent

You should ensure you get consent from candidates up front. Any online data capture forms should include an “opt in” button. You should also clearly explain which suppliers you may pass their data to.

So for example, if you are working with Liquid Friday, let candidates know from the outset that you will be passing their data on to us to assist with their payroll, and what data you will be giving us.

3) A bullet-proof PSL (with help from the FCSA)

Only work with umbrella companies and other providers you are 100% sure of. Easier said than done right? Not necessarily.

The Freelancer Contractor Services Association has done the hard work for you. The best way to achieve a robust PSL is to limit your list to FCSA accredited members.

Accredited members go through a rigorous annual compliance audit which is disclosed to HMRC, with all areas of their business put under the microscope.

You can find a list of FCSA accredited members here