European Union
The lawful basis to process personal data identified in Section 3 are regulated in the following provisions of the GDPR:
- Application of pre-contractual measures at data subjects' request: article 6.1(b) of GDPR
- Legal obligation: article 6.1(c) of GDPR
- Consent: article 6.1(a) of GDPR
- Legitimate interest (of Grifols and/or any third party): article 6.1(f) of GDPR
The processing of special categories of personal data is covered by your explicit consent (article 9.2(a) of the GDPR), the fulfilment of obligations and the exercise of specific rights in the field of employment, social security and social protection law (article 9.2(b) of the GDPR) or the processing is necessary for the assessment of the working capacity of the employee (article 9.2 (h) of the GDPR).
The processing of personal data related to criminal convictions and offences is permitted only under the control of official authority or covered by the fulfilment of legal obligations (article 10 of the GDPR).
The legal obligation referred to in Section 3 with respect to the performance of criminal background checks by Grifols is regulated in the following laws and in any other laws that develop, complement and/or replace them:
- Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002.
- Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security.
France
When Grifols France S.A.R.L. is the data controller, the data subjects have the right to provide guidance on the management of their data after their death.
Germany
In Germany, any processing of a candidate’s personal data necessary for the decision about establishing an employment relationship with that respective candidate may be based on Sec. 26 Par. 1 S. 1 of the Federal Data Protection Act in addition to Art. 6.1(b) of the GDPR.
According to Sec. 26 Par. 3 S. 1 of the Federal Data Protection Act, this legal basis also covers the processing of sensitive data normally prohibited under Art. 9.1 GDPR.
Furthermore, there are additional German provisions on data subject rights (cf. Secs. 32 to 37 of the Federal Data Protection Act).
Portugal
When Grifols Portugal – Produtos Farmacêuticos e Hospitalares, Lda. Is the data controller, the data subjects have the right to provide guidance on the management of their data after their death. When guidance on the management of their data has not been provided by the deceased data subjects, the exercise of their data protection rights defined in Section 6 may be carried out by their heirs. The data subjects may also determine the impossibility of exercising these rights after their death.
When there is a legal obligation of secrecy, the rights of the data subjects cannot be exercised.
Spain
The legal obligation referred to in Section 3 with respect to the performance of criminal background checks by Grifols is regulated in Law 21/2003 of 7 July 2003 on Aviation Safety and in any other laws that develop, complement and/or replace it.
Thailand
When Grifols (Thailand) Ltd. is the data controller, see full privacy notice here.
United Kingdom
All references throughout the document to the GDPR also refer to, as applicable, the GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland.
Grifols UK Ltd. will usually undertake DBS checks on personnel involved in the supply of services to UK hospitals in order to meet its contractual obligations to hospitals in the UK to comply with NHS and regulatory requirements in relation to background checks on staff. Where we undertake DBS checks: (a) we consider that we have a legitimate interest in doing so in accordance with Article 6.1(f) of the UK GDPR, and (b) we may share the results of the DBS check with the UK hospitals to which our services are being provided and with which we have a contract, and to Grifols, S.A.
United States
When Grifols Shared Services North America, Inc. on behalf of itself and its affiliated companies under common ownership and control, is the data controller, see the California Personnel Privacy Policy here.