Job applications
During job applications, employers collect a lot of personal data from applicants. They do this through application letters and CVs, but also in other ways. For example, during a job interview, people present may take notes. Screening, an assessment, psychological examination or medical examination (pre-employment medical examination) may also be part of the application procedure.
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Of course, employers want to know as much as possible about their future employees. But they are not allowed to ask applicants about everything. And it is important that they handle the personal data of applicants with care.
Are you an entrepreneur? Visit the GDPR for entrepreneurs page to consult our 5-step plan for bringing your GDPR basics in order. Here you can read what you have to pay attention to when hiring employees.
Quick answers
During a job interview, can an employer ask whether I have an illness or disability?
No, this is not allowed. An employer is not allowed to ask about your health during your job interview. Neither is the employer allowed to ask about your past absenteeism due to illness.
Do I have to say something about my health during a job interview?
Only if this is directly relevant to the position you are applying for, for example, because you are unable to perform important parts of this position due to an illness or disability. You may withhold all other information about your health.
If you become incapacitated for work due to an illness or disability that was withheld during your application, this may have consequences for continued payment of wages during illness. Your employer can also dismiss you with immediate effect.
Do I have to reveal that I am pregnant or want to become pregnant during a job interview?
No, you are not obliged to do so. If you are asked whether you are or want to become pregnant, you do not have to answer this question truthfully. You may reveal that you are pregnant or want to become pregnant, if you so wish. An employer is not allowed to reject you because you are pregnant or want to become pregnant.
How long can an employer retain my application?
If you are not taken on, it is customary for the employer to delete your data no later than four weeks after the end of the application procedure.
You can give consent to retain your data longer. For example, because a suitable position may be available at a later date. A reasonable period for this is a maximum of one year after the application procedure has ended.
Can I access my data at an organisation, or have them rectified or removed?
Yes, you can. If an organisation uses your personal data, you have a number of rights. This will ensure that you keep a grip on your personal data. These are the most important privacy rights:
- You have a right of access to your personal data.
- Does it turn out that data of you are incorrect? Or that certain data are missing? Then you can ask for rectification of your data (adjustment or addition).
- In some cases, you can also ask for erasure of data.
Do you want to know what other rights you have? Check out Privacy rights under the GDPR.
What can I do if I have a question or complaint about the use of my personal data?
Always submit your questions or complaints to the organisation that uses your personal data first. Do you have a complaint and are you and the organisation unable to work it out together? Then you can lodge a complaint with the Dutch Data Protection Authority (DPA).
