The United Kingdom (UK) left the European Union (EU) on 31 January 2020 and were granted a transition period until the 31st December 2020. 

During the transition the UK was obliged to comply with all EU rules and laws, but new rules will be in place for businesses and citizens from 1st January 2021.

These new rules will impact the processing of information to and from the EU, as well as the ability to employ EU citizens in the future. 

Are you ready for leaving the EU?

How leaving the EU will impact on GDPR

The GDPR is an EU regulation. It will be retained in UK domestic law at the end of the transition period and supported by the Data Protection Act 2018.

Whilst the key principles, rights and obligations will remain the same, there will be new rules on the transfer of personal data between the UK and the EEA.

For advice and the latest updates regarding the impact on GDPR please visit the ICO website.

Things to Consider:

Update your Privacy Statements 

Any changes will need to be reflected in your recruitment privacy statements. These changes should be in place by January 1st.

You should also consider how you will notify your previously registered candidates of these changes.

If you utilise recruitment software to manage your privacy statements this should be an extremely simple and automated process. The new statement will be presented to candidates When a candidate logs int The new statement being presented to candidates when they next log into their account.

Speak to your DPO 

If you are unsure about what changes you need to make and how the new laws will impact you and your team, your DPO ( Data Protection Officer) or person responsible for data protection should be able to help you.

How leaving the EU will impact immigration

The UK’s new immigration system came into force on 1 December 2020, and will apply to people arriving in the UK from 1st January 2021. EU Citizens moving to the UK to work will need to obtain a visa in advance. 

EU, EEA or Swiss citizens and their families who are living in the UK before January 2021 need to apply to the new EU Settlement Scheme to continue living in the UK after 30th June 2021.

For further advice and  support regarding immigration please check out the latest Government advice.

Things to Consider:

Application Forms 

You may need to consider making changes to questions regarding eligibility to work from both the 1st of January and/or the 1st of July, to ensure that you are legally compliant. For information on what is legally compliant wording, please check out the Government website.

Right to Work Checks  

You will need to continue to check a job applicant’s right to work in the same way as you do now until 30 June 2021.

From July onwards you will be required to conduct new right to work checks for all  European workers. A passport or ID card will no longer be sufficient on its own and a worker must have applied for settled or pre-settled status. 

With new legislation and new migration restrictions being implemented, preparation is key to maximising your recruitment success in 2021 and ensuring that you have access to skills your business needs.

networx software and services have undergone updates to ensure compliance. For further information regarding how our solutions can support you, please contact us.

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