Emailing Staff Contracts outside of the EU

[BKGarry]

Dear All,

 

I had a search and could not find an answer on this, so I thought I would try here.

 

New member of staff being employed from overseas, the person in charge of contracts has quite rightly asked where we standing sending a contract with a name and address over emails to our of the EU and Safe Harbour zone.

 

I have said it should be fine, but to use our Office 365 encryption just in case, but we are still awaiting an answer from our DPO.

 

How would you lovely people play this one?

[crispybits]

I would assume the contract only has the personal details of the person applying/being hired? In that case i don't see the problem at all.

 

If there's more personal data in there than just your new guy/gal's then that might be different...

[Edutech98]

In this case I would use an Article 49 derogation to make the transfer. Either you would use the person consenting to the email being sent or you could use the transfer is necessary for the performance of a pre-contractual measure i.e the person needs to see the contract before they agree to it.

[David44]

How do you know where any server is hosted when sending any email? Someone could live down the road from the school but their mailbox might be outside of the EU. Conversely, this new employees mailbox might be in the EU despite them being outside of the EU. Big email providers are going to have servers around the world. Do you do anything special for gmail.com, outlook.com or even fhyjufefeffhuhelru.eu?

 

You won't know if the email is leaving the EU or not. In my opinion, whatever precautions you think necessary with this employee contract email, you should take with all employee contract emails.

Edited June 7, 2018 by David44