Perspectives of Law and Public Administration (Mar 2021)
CONSIDERATIONS ON EMPLOYEE SHARING IN THE CONTEXT OF GDPR
Abstract
At European level, the legal contemporary framework regarding individual employment relations is generally characterized by the proliferation of non-standard forms of employment, which respond equally to both employer and employee’s need for flexibility. Today’s enterprises face more and more situations that require a non-standard approach, a broader look at the problems and fast, innovative solutions. In an unpredictable business environment, globalization has enabled the European labour market to introduce multiple new forms of employment, which are not yet acknowledged by Romanian legislation. However, Regulation (EU)2016/679 provides a derogation for employee sharing – a new work arrangement which in the juridical context of GDPR would also apply to internal (domestic) law. The general regulations on data protection stipulate that a Data Protection Officer may be shared by several enterprises, a hypothesis in line with the concept on which the employee sharing scheme is based.