Data Protection Authority issues recruitment Code of Conduct

4 March 2024 1 min read

By Tommaso Erboli

At a glance

  • The Data Protection Authority (DPA) has published a recruitment Code of Conduct (Code) which applies to Workforce Supply Agencies.
  • For other employers, the Code sets useful standards and guidelines which can be voluntarily adopted.

The DPA has published a Code that Workforce Supply Agencies must comply with during their recruitment processes. The key points from the Code include:

  • Transparency and non-discrimination: Recruitment operations should be conducted transparently and without discrimination. Candidates’ personal social media accounts should not be consulted during the selection process.
  • Limitations on social media use: Recruitment should solely focus on a candidate’s skills and abilities. Social media accounts cannot be used to gather information unrelated to the role such as political opinions, religious faith or trade union membership. Further social media cannot be used to gather information on pregnancy, marriage, disability status, or other irrelevant factors. 
  • Professional content exception:  The Code does allows for the consideration of candidates’ professional social media accounts ie content on a  platforms with a professional focus (eg LinkedIn). Here, relevant information related to professional experience or acquired skills can be considered.
  • Applicability: Although the Code specifically applies to Workforce Supply Agencies, it provides valuable standards and guidelines which private employers can voluntarily adopt in their own recruitment processes.

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