Nataliia SLIPCHENKO,
Senior HR Administration Specialist of
Payroll Division BDO LLC
Specifics of personnel records management under martial law are regulated by the Law of Ukraine “On the Organization of Labor Relations in Martial Law” dated 15.03.2022 No. 2136-IX, entered into force on March 24, 2022. As many complex and new situations arise during the war, faced by employers for the first time, the Ministry of Economy of Ukraine on March 28, 2022, provided several clarifications on the course of actions of employers during martial law. However, employers still have many questions about how to put this into practice so as not to violate employees’ rights, ensure reliable accounting and comply with military legislation in time of war. Below you will find our practical advice on resolving some of the issues that most often arise in the personnel department during martial law.
Interesting on the topic: Features of personnel accounting / labor relations under wartime conditions
1) Order of work of the personnel department and the list of HR records that must be drawn up during the war
Despite the ongoing martial law in Ukraine, all employers must continue to keep personnel records.
According to the Ministry of Economy of Ukraine, during martial law, personnel records and archival storage of personnel documents are arranged at an employer’s discretion; therefore, a company must determine how the personnel department shall proceed, as well as the list of personnel documents to be drawn up during martial law. Please note that this rule does not cancel the employer’s obligation to draw up and keep personnel documents during martial law, but only enables to do so in accordance with its own rules. In other words, the employer must adhere to the current rules established by the labor law, and deviate therefrom and act at its discretion only where necessary.
We recommend that you continue storing and keeping personnel documents, which are mandatory, includingstaff list, timesheets, personnel orders, personal card P-2. However, this list of personnel documents is not exhaustive.
We consider it appropriate to amend the company’s instructions on personnel records (if any) respectively; in particular, to determine which personnel documents must be drawn up, and which can wait until the end of the war.
Furthermore, we recommend creating scanned copies of all of the above documents and place them on several data storages (such as computer hard drives, USB drives, external hard drives, memory cards), and save data to cloud storages (Google Drive, OneDrive, etc.). Such measures will ensure the preservation of data from loss in case of physical destruction of one of the data storage.
In maintaining personnel records during the war, the main condition is to ensure reliable accounting of work performed by employees and accounting of salary expenses.
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2) Formalizing of remote work and communication between an employee and an employer
Due to the hostilities in Ukraine, at the end of February 2022, many employees moved to safer regions of Ukraine or abroad and left their jobs. If the work specifics provide for the possibility of its performance remotely, using information and communication technologies, the employer should decide on the employee’s remote work, if such a decision was not made earlier in connection with the quarantine.
According to Part 11 of Art. 602 of the Labor Code of Ukraine, during the threat of the spread of epidemic, pandemic, the need for self-isolation of an employee in cases established by law, and/or in case of threat of armed aggression, emergencies of man-made, natural or other character, remote work may be introduced by a company director’s order (instruction) without concluding of a written employment contract for remote work. Personnel shall be familiar with such an order (instruction) within two days from the date of its adoption, but before the introduction of remote work.
The employee’s inability to perform remote work due to the lack of appropriate communications cannot be considered a violation of labor discipline.
If the employment contract for remote work was not concluded, and the employer’s order was issued for the employee’s remote work, in order to organize it properly, acquainting employees with orders (instructions), notices, duties, tasks and other documents of the employer, we recommend agreeing in advance on further communication and interaction between the parties during the remote work.
Currently, almost all companies need to simplify the process of familiarizing employees with the personnel documentation. To do so, it is necessary to provide a simplified procedure for communication between employees and the employer in terms of submitting applications to the employer and acquainting with the personnel documents, namely:
identify means of electronic communication, such as e-mail, telephone number, mobile messenger, etc.;
conditions for the employee’s reporting on the work performed (if necessary);
conditions for notifying by the employee about situations that make it impossible to properly perform remote work;
other conditions for communication and interaction between the parties.
This procedure can be fixed both in the company’s order or internal policy, and by concluding additional agreements to the employment contracts.
3) How to deal with labor books during the war
Under martial law, labor book can be handed over to an employee at his/her request. However, it is sensible to make such a request in the form of an employee’s application.
Once a labor book is handed over to an employee at his/her request, the employer disclaims responsibility for its storing. The purpose is to ensure employees interests, who may change the place of residence due to danger, or even leave the country, get a fixed-term combined duties employment contract, etc. Having a labor book in hands would be better for the employee, as in case of the labor book destruction due to the hostilities, the employee will get a lot of trouble to restore the employment records for retirement purposes, and the employer is unlikely to be responsible, because we all live in war time, recognized as force majeure.
Also read about Dealing with employment books during martial law
If labor books are being kept by the employer and the remote employee in Ukraine or abroad decides to resign, the question arises as to how to hand over to the employee his/her labor book in the last working day. A reference should be made to the provisions of the Instruction on the Procedure for Keeping of Labor Books of Employees. In particular, clause 4.2 of the Instruction stipulates that if an employee is absent from work on the dismissal day, on that day, the owner or an authorized body sends the employee a mail message indicating the need to obtain a labor book.
Mailing of a labor book to the specified address is allowed only with the written consent of the employee. As such, the employee must provide his/her written consent (for example, in the form of an application) indicating a postal address to which a labor book must be sent, but only within Ukraine due to the fact that in accordance with paragraph 37 of the Rules for the Provision of Postal Services, approved by the Cabinet of Ministers of Ukraine dated 05.03.2009 No. 270, labor books are prohibited to be sent in international mails.
4) Actions of the employer in case of destruction or loss of personnel documents
What should be noticed is that any lost or damaged documents will need to be recovered at the earliest opportunity.
To do that, it is necessary to review the personnel documentation and find out which documents were destroyed or lost.
Then the employer should decide who will be involved in such recovery process and set the deadlines.
Moreover, the company should have an appropriate resource and all the necessary conditions should be created.
Note that currently the companies are not subject to any fines for the lack of mandatory personnel documents; however, after the war, the regulators will resume their inspections and there will be such a risk. Therefore, if it is possible to restore the documents now — restore them now and do not put it off.
Time tracking.
5) How to keep records of worked time and attendance of employees who left their jobs on the territory of the hostilities
Since the war began, many employees have left their jobs and permanent residences to escape the hostilities, and are currently in Ukraine or abroad and do not work or the contact with them is lost. In this case, the employer has the right to record the absence (in the timesheet and the act of absence) and after the employee comes back to work, to demand explanations of the absence. The absence of such an employee must be marked as “НЗ” (“absence for unknown reasons”) or “I” (“other reasons for non-appearance”). Once the circumstances have been clarified and the reasons found to be important, the timesheet can be adjusted.
Experts of the State Labor Service consider the above reasons of absence from work to be important; therefore, they advise not to dismiss such employees due to absence, i.e., the employer has no right to dismiss an employee without his/her application due to the absence from work in connection with the hostilities.
6) How to formalize the absence of an employee during an air alert?
We believe that the employee’s absence from work during an air alert is not considered a violation of labor discipline.
Thus, the employee’s stay in the shelter is not considered as absence, and this time is not considered as downtime; so it is to be included in working hours.
7) How to keep records of mobilized employees and employees who joined the territorial defense?
According to Article 119 of the Labor Code of Ukraine, employees who joined a military component of the territorial defense and concluded contracts for military service, called up as reservists or during mobilization, must be released from work without loss of their job, position and average salary. Such releasetion is set out by an appropriate order of the director.
We recommend to indicate the time of absence of such employees from work in the timesheet as “ІН” — other unworked time provided by law.
Documents confirming the mobilization may be, in particular, a posting order or mobilization order of the Territorial Center for Recruitment and Social Support (TCR and SS); military ID; certificate from the TCR and SS or a military unit. Confirmation of the employees participation in the territorial defense is the contract of the territorial defense volunteer.
If the employee did not have time to provide documents confirming the call (enrolment) for military service or involvement into the territorial defense, such employee must be marked as “НЗ” (absence for unknown reasons), until the employee provides the appropriate confirmation documents.
8) How to record the suspension of the employment contract for the period of martial law?
It should be noted that there is no direct symbol for the suspension of the employment contract in the typical form of timesheet No. P-5. According to the recommendations of the Main Department of State Labor Service in Odessa region dated 12.04.2022, to keep work and attendance records of the employee with whom the employment contract is suspended, the symbols “ІН” — other unworked time, “ІВ” — other types of absence provided by collective agreements or “І” — other types of absence can be used.
Please note that only proper keeping of attendance records will ensure the accuracy of accounting for work performed by employees and accounting of salary expenses.
Filing of personnel reports under martial law.
9) Notice of employment
In the lack of the employer’s technical capacity to file a notice of employment / concluding a gig contract by electronic means in electronic form, such notice may be filed in the form of a paper document in accordance with the annex together with an electronic copy thereof.
If the employer is unable, due to circumstances beyond its control, to file a notice of employment with the State Tax Service of Ukraine or its territorial body, it must have confirmation of attempts to do so.
10) Statistical reporting (No. 1-PV (monthly and quarterly), No. 3-debt (monthly))
According to the explanation of the State Statistics Service of Ukraine dated March 10, 2022, statistical reporting in documentary and (or) electronic form is filed with the State Statistics Service within three months after the cessation or abolition of martial law or the state of war for the entire period of non-reporting.
Therefore, employers will not be subject to administrative liability for such non-reporting or late reporting during martial law or the state of war, as well as within three months after abolition thereof.
Furthermore, employers who are not physically able to report within the above deadline on the direct consequences of their participation in hostilities, are released from administrative liability and file reports or documents no later than 30 calendar days from the end of the consequences that made filing thereof impossible.
Experts of the State Statistics Service also assure that during the period of martial law or the state of war, there will be no inspections of the timeliness and completeness of the statistical reports filing.
Although the war has made its adjustments to our daily life and work, we have to adapt to such conditions and be prepared to resolve complex and controversial issues that arise during the work, in particular in keeping personnel records.
Summarizing the mentioned above, despite the martial law in Ukraine and the hostilities in some regions of Ukraine, personnel records should be kept solely in accordance with the requirements of current legislation.
Specifics of personnel records management under martial law are regulated by the Law of Ukraine “On the Organization of Labor Relations in Martial Law” dated 15.03.2022 No. 2136-IX, entered into force on March 24, 2022. As many complex and new situations arise during the war, faced by employers for the first time, the Ministry of Economy of Ukraine on March 28, 2022, provided several clarifications on the course of actions of employers during martial law. However, employers still have many questions about how to put this into practice so as not to violate employees’ rights, ensure reliable accounting and comply with military legislation in time of war. Below you will find our practical advice on resolving some of the issues that most often arise in the personnel department during martial law.
1) Order of work of the personnel department and the list of HR records that must be drawn up during the war
Despite the ongoing martial law in Ukraine, all employers must continue to keep personnel records.
According to the Ministry of Economy of Ukraine, during martial law, personnel records and archival storage of personnel documents are arranged at an employer’s discretion; therefore, a company must determine how the personnel department shall proceed, as well as the list of personnel documents to be drawn up during martial law. Please note that this rule does not cancel the employer’s obligation to draw up and keep personnel documents during martial law, but only enables to do so in accordance with its own rules. In other words, the employer must adhere to the current rules established by the labor law, and deviate therefrom and act at its discretion only where necessary.
We recommend that you continue storing and keeping personnel documents, which are mandatory, includingstaff list, timesheets, personnel orders, personal card P-2. However, this list of personnel documents is not exhaustive.
We consider it appropriate to amend the company’s instructions on personnel records (if any) respectively; in particular, to determine which personnel documents must be drawn up, and which can wait until the end of the war.
Furthermore, we recommend creating scanned copies of all of the above documents and place them on several data storages (such as computer hard drives, USB drives, external hard drives, memory cards), and save data to cloud storages (Google Drive, OneDrive, etc.). Such measures will ensure the preservation of data from loss in case of physical destruction of one of the data storage.
In maintaining personnel records during the war, the main condition is to ensure reliable accounting of work performed by employees and accounting of salary expenses.
2) Formalizing of remote work and communication between an employee and an employer
Due to the hostilities in Ukraine, at the end of February 2022, many employees moved to safer regions of Ukraine or abroad and left their jobs. If the work specifics provide for the possibility of its performance remotely, using information and communication technologies, the employer should decide on the employee’s remote work, if such a decision was not made earlier in connection with the quarantine.
According to Part 11 of Art. 602 of the Labor Code of Ukraine, during the threat of the spread of epidemic, pandemic, the need for self-isolation of an employee in cases established by law, and/or in case of threat of armed aggression, emergencies of man-made, natural or other character, remote work may be introduced by a company director’s order (instruction) without concluding of a written employment contract for remote work. Personnel shall be familiar with such an order (instruction) within two days from the date of its adoption, but before the introduction of remote work.
The employee’s inability to perform remote work due to the lack of appropriate communications cannot be considered a violation of labor discipline.
If the employment contract for remote work was not concluded, and the employer’s order was issued for the employee’s remote work, in order to organize it properly, acquainting employees with orders (instructions), notices, duties, tasks and other documents of the employer, we recommend agreeing in advance on further communication and interaction between the parties during the remote work.
Currently, almost all companies need to simplify the process of familiarizing employees with the personnel documentation. To do so, it is necessary to provide a simplified procedure for communication between employees and the employer in terms of submitting applications to the employer and acquainting with the personnel documents, namely:
identify means of electronic communication, such as e-mail, telephone number, mobile messenger, etc.;
conditions for the employee’s reporting on the work performed (if necessary);
conditions for notifying by the employee about situations that make it impossible to properly perform remote work;
other conditions for communication and interaction between the parties.
This procedure can be fixed both in the company’s order or internal policy, and by concluding additional agreements to the employment contracts.
3) How to deal with labor books during the war
Under martial law, labor book can be handed over to an employee at his/her request. However, it is sensible to make such a request in the form of an employee’s application.
Once a labor book is handed over to an employee at his/her request, the employer disclaims responsibility for its storing. The purpose is to ensure employee’s interests, who may change the place of residence due to danger, or even leave the country, get a fixed-term combined duties employment contract, etc. Having a labor book in hands would be better for the employee, as in case of the labor book destruction due to the hostilities, the employee will get a lot of trouble to restore the employment records for retirement purposes, and the employer is unlikely to be responsible, because we all live in war time, recognized as force majeure.
If labor books are being kept by the employer and the remote employee in Ukraine or abroad decides to resign, the question arises as to how to hand over to the employee his/her labor book in the last working day. A reference should be made to the provisions of the Instruction on the Procedure for Keeping of Labor Books of Employees. In particular, clause 4.2 of the Instruction stipulates that if an employee is absent from work on the dismissal day, on that day, the owner or an authorized body sends the employee a mail message indicating the need to obtain a labor book.
Mailing of a labor book to the specified address is allowed only with the written consent of the employee. As such, the employee must provide his/her written consent (for example, in the form of an application) indicating a postal address to which a labor book must be sent, but only within Ukraine due to the fact that in accordance with paragraph 37 of the Rules for the Provision of Postal Services, approved by the Cabinet of Ministers of Ukraine dated 05.03.2009 No. 270, labor books are prohibited to be sent in international mails.
4) Actions of the employer in case of destruction or loss of personnel documents
What should be noticed is that any lost or damaged documents will need to be recovered at the earliest opportunity.
To do that, it is necessary to review the personnel documentation and find out which documents were destroyed or lost.
Then the employer should decide who will be involved in such recovery process and set the deadlines.
Moreover, the company should have an appropriate resource and all the necessary conditions should be created.
Note that currently the companies are not subject to any fines for the lack of mandatory personnel documents; however, after the war, the regulators will resume their inspections and there will be such a risk. Therefore, if it is possible to restore the documents now — restore them now and do not put it off.
Time tracking
5) How to keep records of worked time and attendance of employees who left their jobs on the territory of the hostilities
Since the war began, many employees have left their jobs and permanent residences to escape the hostilities, and are currently in Ukraine or abroad and do not work or the contact with them is lost. In this case, the employer has the right to record the absence (in the timesheet and the act of absence) and after the employee comes back to work, to demand explanations of the absence. The absence of such an employee must be marked as “НЗ” (“absence for unknown reasons”) or “I” (“other reasons for non-appearance”). Once the circumstances have been clarified and the reasons found to be important, the timesheet can be adjusted.
Experts of the State Labor Service consider the above reasons of absence from work to be important; therefore, they advise not to dismiss such employees due to absence, i.e., the employer has no right to dismiss an employee without his/her application due to the absence from work in connection with the hostilities.
6) How to formalize the absence of an employee during an air alert?
We believe that the employee’s absence from work during an air alert is not considered a violation of labor discipline.
Thus, the employee’s stay in the shelter is not considered as absence, and this time is not considered as downtime; so it is to be included in working hours.
7) How to keep records of mobilized employees and employees who joined the territorial defense?
According to Article 119 of the Labor Code of Ukraine, employees who joined a military component of the territorial defense and concluded contracts for military service, called up as reservists or during mobilization, must be released from work without loss of their job, position and average salary. Such releasetion is set out by an appropriate order of the director.
We recommend to indicate the time of absence of such employees from work in the timesheet as “ІН” — other unworked time provided by law.
Documents confirming the mobilization may be, in particular, a posting order or mobilization order of the Territorial Center for Recruitment and Social Support (TCR and SS); military ID; certificate from the TCR and SS or a military unit. Confirmation of the employee’s participation in the territorial defense is the contract of the territorial defense volunteer.
If the employee did not have time to provide documents confirming the call (enrolment) for military service or involvement into the territorial defense, such employee must be marked as “НЗ” (absence for unknown reasons), until the employee provides the appropriate confirmation documents.
8) How to record the suspension of the employment contract for the period of martial law?
It should be noted that there is no direct symbol for the suspension of the employment contract in the typical form of timesheet No. P-5. According to the recommendations of the Main Department of State Labor Service in Odessa region dated 12.04.2022, to keep work and attendance records of the employee with whom the employment contract is suspended, the symbols “ІН” — other unworked time, “ІВ” — other types of absence provided by collective agreements or “І” — other types of absence can be used.
Please note that only proper keeping of attendance records will ensure the accuracy of accounting for work performed by employees and accounting of salary expenses.
Filing of personnel reports under martial law
9) Notice of employment
In the lack of the employer’s technical capacity to file a notice of employment / concluding a gig contract by electronic means in electronic form, such notice may be filed in the form of a paper document in accordance with the annex together with an electronic copy thereof.
If the employer is unable, due to circumstances beyond its control, to file a notice of employment with the State Tax Service of Ukraine or its territorial body, it must have confirmation of attempts to do so.
According to the explanation of the State Statistics Service of Ukraine dated March 10, 2022, statistical reporting in documentary and (or) electronic form is filed with the State Statistics Service within three months after the cessation or abolition of martial law or the state of war for the entire period of non-reporting.
Therefore, employers will not be subject to administrative liability for such non-reporting or late reporting during martial law or the state of war, as well as within three months after abolition thereof.
Furthermore, employers who are not physically able to report within the above deadline on the direct consequences of their participation in hostilities, are released from administrative liability and file reports or documents no later than 30 calendar days from the end of the consequences that made filing thereof impossible.
Experts of the State Statistics Service also assure that during the period of martial law or the state of war, there will be no inspections of the timeliness and completeness of the statistical reports filing.
Although the war has made its adjustments to our daily life and work, we have to adapt to such conditions and be prepared to resolve complex and controversial issues that arise during the work, in particular in keeping personnel records.
Summarizing the mentioned above, despite the martial law in Ukraine and the hostilities in some regions of Ukraine, personnel records should be kept solely in accordance with the requirements of current legislation.
This material is provided by a member company or partner organization of the European Business Association as part of an informational collaboration. The Association is not responsible for the accuracy, completeness, or reliability of the information presented. The views, opinions, and recommendations expressed in this material are solely those of the authors and do not reflect the official position of the European Business Association.
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When you create a personal cabinet, we process your personal data in accordance with the EBA's Privacy Policy, which is set out below. Therefore, we need your consent to the processing of personal data and confirmation that you have read our Privacy Policy.
EBA Privacy Policy
European Business Association ("EBA") respects your data privacy. This Privacy Policy ("Policy") covers issues regarding the collection, use, disclosure, transfer and storing of your personal information.
Please make sure that you are familiar with our privacy practices and contact us if you have any questions.
1) Definitions
To ensure that you understand the issues of data processing, we will firstly explain the terms used in this Policy:
Personal data means any information relating to an identified or identifiable natural person (in particular, data relating to you);
Data subject is any identified or identifiable natural person (in particular, you), whose personal data is processed by the controller responsible for the processing;
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, depersonalization, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future;
Controller is the natural or legal person, which alone or jointly with others determines the purposes of the processing of personal data, establishes composition of this data and procedures of its processing (in particular, EBA);
Processor is a natural or legal person, which processes personal data on behalf of the controller;
Third party is a natural or legal person other than the data subject, controller or processor to whom personal data is transferred by the controller or processor and who is authorized to process personal data;
Consentof the data subject is a voluntary expression of will of a natural person to grant permission to process his or her personal data in accordance with the declared purpose of its processing, expressed in a manner that allows making a conclusion about provision of consent;
IP address is a unique identifier used by certain electronic devices to identify and communicate with each other on the Internet.
2) What data do we collect?
When you communicate with us by any means of communication including, but not limited to e-mail, fax, phone, social networks, online application form, send us different files, CV’s, use a personal electronic cabinet on the EBA website, conclude agreements with us, or participate in events organized or co-organized by us, we may collect your personal data, including:
contact details (name, surname, date of birth, position, company, telephone, fax, e-mail address, links to personal pages in social networks, etc.);
Identity document (ID) data;
photos, video recordings, etc.
We may also collect data that contains information about the domain name or IP address, date and length of time spent by the Internet user on the EBA website. Such data is collected automatically when the Internet user visits the EBA website. In conjunction with other data, this information helps us determine the most attractive content for our visitors. In addition, such data helps us to detect any destabilization of our facilities.
The EBA may also receive personal data from third parties (e.g., partners) who are the controllers of the respective personal data. Such third parties shall ensure the legality of the respective transfers and, if necessary, obtain voluntary informed consent for the transfer from the data subjects. In some cases, the EBA may act as a data processor and process the received data in accordance with the provided instructions and exclusively for the purposes for which they were transferred to the EBA. If such an obligation is applicable, the EBA will notify the data subjects of receiving their personal data within a reasonable period.
3) Cookies policy
The EBA website uses cookies – small text files that are placed on your device for storing data and that can be read by the web server in the domain that hosted them. We use cookies for enabling you to sign-in, analyzing how our website performs, keeping track of activity on our website, collecting traffic data and fulfilling other legitimate purposes.
Most web browsers automatically use cookies, while allowing users to control the process by blocking or deleting them. Instructions for blocking or deleting cookies can be found in each browser's privacy settings or reference documentation.
4) How do we use your data?
The purposes of data processing by the EBA depend on the character of our relations with you:
If you are an employee of the EBA Member, our general purpose for collection and processing of your data is to enable your possibility to get access to the benefits that are related to membership in the EBA of your employer. Therefore, processing your personal data is conducted for such purposes:
sending you e-mails that contain information about news, events etc. that we think might interest you
preparing working bodies lists and meetings
responding to your requests, questions, and reacting to your concerns
conducting surveys and research as well as sharing their results with you
administering membership and collection of fees to the EBA
storing, updating, and analyzing data in corporate software
enabling you to use the EBA website and its features
administering your account with us, the EBA websites, including improvement of our Internet services (developing new features and offerings, etc.)
If you are a participant in the events organized (co-organized) by the EBA, we will collect and/or process your personal data for reaching the following purposes:
processing of your registration (that might include arranging your access to the venue, generating links enabling your connection to events held in online or semi-online format, etc.).
follow-up on your registration and any comments and complaints in this context
collection of fees (if applicable for the respective event)
providing you with additional materials that might be available for participants of particular events
storing, updating, and analyzing data in corporate software
If you are a representative of the EBA potential member, we collect and process your personal data for reaching the following purposes:
sending you e-mails that contain information about news, events etc. that we think might interest you
execution of procedures necessary for the completion of the membership acquiring process
storing, updating, and analyzing data in corporate software
responding to your requests, questions, and reacting to your concerns
If you are a representative of a company which is not an EBA Member but has access to some of the EBA benefits, we will collect and process your personal data to reach the following purposes:
enabling you to use the EBA website and its features
administering your account with us, the EBA websites, including improvement of our Internet services (developing new features and offerings, etc.)
storing, updating, and analyzing data in corporate software
sending you e-mails that contain information about news, events etc. that we think might interest you
responding to your requests, questions, and reacting to your concerns
collection of fees (if applicable)
If you are an employee or representative of a supplier with which the EBA has (or intends to have, or had in the past) contractual relations, we will collect and/or process your personal data for the purposes of performance of contractual relations (if they are ongoing) and fulfilment of our legal obligations (e.g., to store accounting documents during the period established by legislation). This might also involve storing, updating, and analyzing data in our corporate software.
If you are a candidate for employment in the EBA, we will collect and process your personal data for reaching the purposes of your possible employment in our organization and fulfilling our legal obligations if such are applicable. In relation to this purpose, your data might be stored, updated, and analyzed in our corporate software. Please, be aware that the candidates for employment in the EBA are not subject to automated individual decision-making.
It is important to mention that apart from the purposes listed above, we may also process your personal data to provide law enforcement authorities with the information necessary for criminal proceedings or if such processing is necessary for another legal obligation to which we are subject, in order to protect your vital interest as a data subject or the interest of another natural person or for the purpose of any other legitimate interest pursued by the EBA or a third party that does not violate your fundamental rights and freedoms as a data subject.
Legitimate interest means the interest of the EBA in terms of conducting its statutory activity. When we process your personal information for the purposes of our legitimate interests, we balance any potential impact on you and your rights. Our legitimate interests do not automatically override your interests.
We process personal data for particular legitimate purposes, which include but are not limited to:
communication with you;
sending you e-mails that contain information about news, events etc. that we think might interest you.
We also may collect data in a form that does not, on its own, permit direct association with any specific individual (non-personal data). We may collect, use, transfer, and disclose non-personal data for any purpose. If we do combine non-personal data with personal data, the combined data will be treated as personal data as long as it remains combined.
5) How long do we store your data?
We try to make it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfil the purposes outlined in this Policy. When assessing these periods, we carefully examine our necessity to collect personal information at all and if we establish such necessity, we only retain it for the period required to realize the purpose of collection (for instance, the term of your employment in EBA Member, etc.) unless a longer retention period is required by law.
We anticipate that the EBA Member will inform us if an employee leaves a company and that will give us an understanding that the data of the person can no longer be used for the purposes related to the membership in the EBA of his former employer.
6) With whom do we share your data?
We do not share your personal data with companies, organizations, or individuals outside of the EBA except in the following cases:
personal data of employees/representatives of the EBA Members, potential EBA members, companies which are not the EBA Members but have access to some of the EBA benefits, may be shared with postal services, mailing systems, EBA’s outsourcing accounting companies, restaurants, banks, payment systems, taxi services, journalists, security companies, cloud services, phone operators, public authorities to the extent of EBA’s statutory activity, with EBA Members or counterparties (for instance, delivery services)
personal data of participants of EBA events or participants of events in which EBA acts as co-organizer may be shared with pertinent public authorities, venues to ensure their free entrance and with speakers (moderators) of such events or with service providers for organizing video conferences, if the event is held in an online or semi-online format (for example, Zoom, Microsoft Teams, Google Meets, etc.) for ensuring the possibility to join a videoconference
personal data of EBA suppliers may be shared with EBA Members, accounting companies, banks, etc.
Only names, surnames, emails, photos and positions of participants of EBA events or participants of events in which the EBA acts as co-organizer, members of EBA governing bodies, and EBA Members’ employees may be published on the EBA website (websites).
The EBA publishes on its website the names, surnames, and photos of representatives of the EBA Members, who represent them in the EBA governing bodies (e.g., in the EBA Board), in the management of the EBA working bodies (industrial and open committees, temporary and permanent working groups, etc.) and the EBA regional offices (the regional offices’ coordination councils, if they are established).
7) How do we protect your personal data?
The EBA treats the security of your personal data very seriously. We protect your personal data by various means in order to maintain its confidentiality and integrity and prevent the unauthorized use or disclosure of your personal data and to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction.
Firstly, the EBA has corporate procedures that define how employees should leave their working space when they leave the office (clear desk policy). Moreover, each EBA employee has a unique password in order to access the website’s back office as well as passwords to access the local database that also include necessity to undergo two-factor verification in order to obtain respective access.
Hosting providers and cloud service providers guarantee protection by means of encryption. Some types of data that are stored on cloud services may be restricted for a certain group of users. For instance, employees from one department cannot access data from other departments.
The premises with laptops and local servers are equipped with an alarm system and are under the security provided by the lessor of the premises where the EBA office is located. Access to such premises with laptops can be obtained only with passes to the location, which are unique for each EBA employee.
8) How can you control your personal data?
You have the right to access, rectify or have your personal data erased or restricted from processing or to object to the processing of your personal data. If processing is based on your consent, you have the right to withdraw your consent at any time.
Information we collect may be transferred to, stored and processed in any country where one or more EBA Member or third party service provider are located or maintain their facilities. Third parties may be located outside Ukraine or the European Economic Area ("EEA"), so their processing of your personal data will involve a transfer of data outside Ukraine and the EEA, respectively.
In particular, we may share personal data of EBA Members’ employees with our mailing service provider – The Rocket Science Group LLC registered in the USA, in order to dispatch newsletters, invitations, offers, etc.
We also may share personal data with the operator of our cloud service – Microsoft Corporation registered in the USA, in order to provide the storage of information.
Data may also be transferred to Google LLC by the use of cookies by Google Analytics. In this case, Google LLC serves as the processor of such data.
Additionally, the data may be transferred to companies-providers of video conference services Zoom (Zoom Video Communications, Inc.), Microsoft Teams (Microsoft Corporation), and Google Meet (Google LLC), registered in the USA, to ensure the possibility of joining video conferences organized or co-organized by the EBA.
While such territories may not have the same standards of data protection as those within your home country, we will continue to protect the personal information we transfer in accordance with this Policy.
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