What is the legal basis for processing talent data of individuals who are contacted in the context of a referral?

Antoine
Antoine
  • Updated

With regard to the legal basis, we refer here to the legitimate interest for a one-time contact for a job offer. I.e. no product is sold but it is the opportunity to leave your data with a reputable company, which promotes a professional advancement of the person concerned. In addition, in this first step only the contact data is given, no further data. The talent has - as also legally provided - the possibility to object to the further use of the data for this purpose.

Within the scope of this direct referral, the employee must confirm that he or she has the consent of the respective candidate by checking a box.
It is correct that the Talentry customer has no control over the type of consent and the scope and nature of the information.

However, this is also not necessary, as this is not a data protection consent. Rather, this protection is intended to safeguard the (presumed) legitimate interest of the talent.

The request for consent (from the employee) thus has two functions:
1. the employee should be encouraged to be aware that he/she is transferring the personal data of the talent to a third party (the Talentry customer)
2. the Talentry customer can be assured by the employee that there are no legitimate interests of the talent that prevent him/her from contacting the third party.

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