Danish DPA: Suppliers Must Justify Disclosure of Personal Data in Contracts
Public and private contracting parties often require suppliers to show evidence of compliance with labor clauses to ensure fair pay and working conditions, and this information typically takes the form of employees' payroll and timesheets, employment contracts and so forth, the Danish DPA noted Monday.
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This raises the question about the supplier's legal basis under the GDPR for disclosing such personal data to the contracting entity, the watchdog said. Its opinion stated that suppliers must, as a starting point, find the basis for such data transfers in the balancing of interests rule in Article 6 of the GDPR.
Given the reasons for the labor clauses, it added, there will generally be such overriding legitimate interests that they will form the legal basis for transfers, unless specific circumstances indicate otherwise.