Treatment of personal data in employment and employment contracts
At termination of employment
When an employee leaves, it is important that the employer follows data protection laws regarding the processing of personal data.
Employer Responsibility
The employer must ensure that all actions at the end of the period of employment are in accordance with the data protection laws, which includes that only the information that is legitimate and necessary is kept. The employer should have clear rules on the handling of personal data and ensure that the employee is informed of his rights. This can be done by means of written procedures or a statement confirming that the employee has been given the opportunity to review his data.
Preservation of personal data
Personal information of employees should only be kept for as long as necessary. Employers should delete or store information in accordance with laws and regulations, especially when information relating to employment history and pay-related data.
It may be necessary to keep records after an employee is terminated. For example, it may be necessary to keep a record of the history of personnel matters but also must comply with laws that stipulate that certain data must be kept for a certain period of time. For example, pay information, where the employer must be able to provide the tax office with information back in time if they are called upon. In connection with termination, the employer may also need to keep information if he expects the termination to be appealed. The same may apply if an employee has suffered an accident at work, where the information may be necessary to settle a possible claim for compensation for the accident. The law on public archives may also cause the employer not to be able to delete information.
Access to e-mail and file area
At termination of employment, the employee shall be given the option to delete or take a copy of e-mail that is not related to the employer's activities. The employer shall also direct the employee to activate an automatic response from his mailbox that he has retired.
Email forwarding
If an email is to be forwarded after termination of employment, the conditions of the Data Protection Act must be fulfilled. The employee must be informed that an email will be forwarded, and they may object to such forwarding. It is important that the forwarding is fair, transparent and only for the purposes that are necessary.
How long can you keep your email address active after termination of employment?
Depending on the circumstances, the length of time that the e-mail address can be active after termination of employment depends on the nature and extent of the activity, the level of personal communication with customers and other factors. In most cases, two to four weeks are sufficient to take appropriate measures and close the address.
Employer's authorisation to view e-mail boxes and file areas after termination of employment
In certain cases, the employer may inspect the employee's e-mail box and file area after termination of employment. An inspection may be carried out without alerting the employee if they have indeed been granted the opportunity to delete and take copies of e-mail and data in a file area that is not related to the employer's activities. In such cases, it is generally considered that the employee has already been granted the opportunity to protect their rights upon termination of employment.
