Jurisdiction(s):
United Kingdom

Key definition

Data protection definition

What does Data protection mean? In legal practice, data protection describes the rules governing how organisations collect, use, share, retain and secure personal data, including employees’ information. In the UK this regime is set by the UK GDPR and the Data Protection Act 2018; in Ireland by the EU GDPR and the Data Protection Act 2018 (Ireland). The label is descriptive; core concepts (personal data, controller, processor, special category data) and obligations are defined in legislation. In employment, the employer is typically the controller and must identify a lawful basis (for example, contract, legal obligation or legitimate interests) and, for special category data,...

Employer client letter enclosing recruitment privacy notice for job applicants (and candidate covering letter), with UK GDPR guidance on lawful bases, data mapping, international transfers, implementation and review

Published by a LexisNexis Employment expert

Precedents

[ Insert name and address of client ]

Private and confidential

Dear [ insert name ]

New Data protection Privacy notices for job applicants

[ Further to our recent conversation[s], ] please find enclosed:

a draft data protection privacy notice (also referred to as a ‘data protection notice’ or ‘fair Processing notice’) for job applicants; and
a draft covering letter to send with the notice when issuing it to applicants during the recruitment process

Impact of the UK General Data Protection Regulation (UK GDPR) for employers

UK GDPR introduces:

a consent standard that substantially narrows when consent can be relied upon as a lawful basis for processing, especially in the employment context; and
enhanced rights for data subjects, including expanded notification duties requiring employers to provide employees and applicants with clearer details about the purpose(s) and lawful basis for collecting their information. This ‘right to be informed’ places a duty on controllers to supply ‘fair processing information’, commonly via a privacy notice such as the enclosed, alongside other appropriate methods, to those whose personal data is being processed

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Web page updated on 22/05/2026

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