GDPR Policy

1    Introduction

Picasso HR Ltd holds information which has to be managed in accordance with the General Data Protection Regulation (GDPR). This policy describes the actions we take to ensure compliance with the policy.

We recognise that it is not our data to use as we wish, but it is your data that we are merely custodians of. We fully respect that you have entrusted your data with us and we will take care to ensure that your data is fully protected.

This policy ensures we:

  • comply with data protection law and follow sound practice
  • ensure the rights of staff, customers, and business partners are adhered to
  • are open about the way we process and manage information
  • reduce the risk of a data breach
  • are able to respond quickly in the event of a breach

2    Scope

This policy applies to all PicassoHR activities irrespective of location, all staff, and direct contractors.

3    Why we hold data?

We hold personal data and sensitive personal data to enable us to:

  • manage our employees
  • provide HR services to our customers
  • manage the health and safety of our customers and their staff
  • market our services
  • make information available to customers and other interested people via our newsletter

4    What basis do we hold and process data?

We will only use personal information for lawful business purposes set out under the GDPR.

Wherever possible we will not rely on consent to hold data; we will identify another ground to justify holding data.

We will only hold and process data on the basis that we have explained; We will not seek to process data in a way which is different from the original intent.

5    Sensitive Personal Data

We will not hold or process sensitive personal information unless the security and management arrangements of the GDPR higher standards have been met.

We will undertake a Data Protection Impact Assessment (DPIA) and Risk Assessment to determine the appropriate measures to be taken to protect any Sensitive Personal Data that we hold or process.

6    Children

At PicassoHR we do not hold or process data about children.

If in the future we do process data on children, we will hold and process it at the higher standard.

7    Notices

We will be open, accurate, and clear in explaining how personal data will be used.

Notices will be made available to staff, and to customers & guests via a notice on our web site.

8   Individuals Rights

We will provide requested data as promptly as we can, and in accordance with timescales set out under the GDPR.

Processes for contacting us to request data that we hold will be clearly available and easy to understand.

We aim to acknowledge all requests for data within 24 hours.

9    Data Management

9.1  Minimisation of Data

We will hold the minimum amount of data that is necessary for the function of our business.

9.2   Accuracy

We will keep information up to date and correct any inaccurate data that is identified.

9.3   Retention of Data

We will not hold data longer than is necessary for our business purposes.

Our information retention policy is located in the Appendix.

9.4   Transferring Data Overseas

We will not export your data overseas without ensuring appropriate data protection arrangements are in place.

9.5   Automated Decision Making

We will not use automated decision making solely when making a decision which will have a direct impact on an individual.

10   Protective Measures

10.1 Security of Data

We will ensure that we apply appropriate industry standard security measures when securing and handling personal data.

We will take specialist advice, where necessary, to ensure our security measures are providing the expected level of protection.

10.2 Incident Reporting

We will treat all security incidents as a serious matter and provide appropriate resources to their investigation.

We will report security incidents as required by the GDPR and the Information Commissioner’s Office (ICO).

Staff and direct contractors are required to report any incidents or breaches of this policy as soon as possible.

Any findings as a result of a security incident will be used to improve our systems, processes, and training.

10.3 New Systems and Processes

We will ensure privacy is considered at the outset of any new information processing systems and business processes.

10.4 Third Parties We Work With

Depending on the type supplier, we undertake one of the following:

  • review their terms and conditions to ensure they protect data in accordance with GDPR requirements
  • provide details of the information we hold and process, ensure they understand their responsibilities in helping us secure it, and formally agree the arrangements

11   Direct Marketing

When obtaining marketing data, we will ensure it is from a GDPR compliant supplier.

11.1  Business to Business (B2B)

We will ensure that B2B marketing communications have a clear method of opting out of further communications from us.

We will take care when adding details to our mailing lists to ensure we treat sole traders and partnerships as Business to Client (B2C) parties.

11.2  Business to Client (B2C)

We will ensure we gain consent prior to adding you to our mailing list.

We will ensure that B2C marketing communications have a clear method of opting out of further communications from us.

12    Complaints

We will investigate complaints or disputes conceding the holding or processing of personal data promptly.

If necessary, we will cooperate with the ICO in the investigation and resolution of complaints and will aim to comply with any recommendations.

13    Compliance

13.1   Failures

Failure to comply with this policy by staff will be dealt with under our disciplinary procedures.

Failure to comply with this policy by direct contractors will be dealt with under the terms of the contract between us, which could include termination.

13.2  Training

We will train our staff on the GDPR and provide refresher training as required.

14    Accountability

We will have documentary evidence to support our GDPR compliance, including:

  • analysis of data types and their flows
  • the locations (logical and physical) where data is held
  • the people with access to the information
  • assessment of the suitability of the security controls applied
  • details of arrangements we have with our suppliers to maintain protection

15    Appendix A –  Information Retention Policy

15.1  Internal Documents
 DocumentRetention PeriodNotes
Personnel Records for Senior ExecutivesSix yearsSome records may be required for historical purposes.
Employee Personnel RecordsSix years after ending employmentThere is a six-year limitation period for civil claims.
Applications for jobs where the candidate is unsuccessfulOne year after notifying candidateThere is a one-year limit to claim defamation under the Equality Act 2010
Speculative CVs6 Months from date of receipt
Payroll RecordsSix years from the year end for limited companies

Unincorporated companies – five years after the January 31st of the following year of assessment

PAYE recordsSix years
National Minimum WageThree years after the end of pay reference periodNational Minimum Wage Act 1998
Salary Registers and RevisionsFive years
Statutory Maternity Pay RecordsThree years after the tax year which they cover
HMRC ApprovalsPermanently
Pension RecordsTwelve years after benefits paid.
ExpensesSix years
Drivers’ log booksFive years
Vehicle records: Mileage, Maintenance, MoT, & Registration RecordsTwo years after vehicle disposal
Accident BookKeep each entry for twelve years
Health and Safety ReportsPermanently
Health & Safety RecordsPersonal injury claims – three years

Industrial injuries caused by hazardous substances – 40 years

Accident Reports and Insurance CorrespondenceSix years following case closure
Assessments under health and safety law for consultation with safety representativesPermanently
Employers Liability Insurance Certificate RecordsPermanently
Sickness RecordsThree years after the tax year which they cover for SSP purposes
Paternity and Parental Leave RecordsFive years form birth or adoption.

Eighteen years if the child is disabled.

Time booking recordsTwo years
Working Time RecordsTwo years
Children in Work RecordsUntil the child reaches 21.
Training recordsFifteen Years
Trade Union Collective AgreementsTen years
Works council minutesPermanently
Patent Agreements with Staff20 years after employment ends