Data Protection & GDPR

In Malta, the GDPR and the Data Protection Act (Chapter 586 of the Laws of Malta) form the backbone of data protection in the employment context.

Employers are considered data controllers and must process employee data lawfully, fairly, and transparently.

The employment relationship does not override an employee’s right to privacy, rather, it introduces heightened obligations due to the inherent imbalance of power between employer and employee. That said, data protection law does not prohibit the employer from processing personal data, and consent from the employee is not always required. Rather, consent might be the wrong legal basis to process personal data of employees.

Key principles include:

• Legal basis for processing: Employers must rely on specified grounds such as contract performance or legal obligation to process personal data .

• Transparency and accountability: Employees must be informed about what data is collected, why, how it’s used, and who it’s shared with.

• Data minimisation and purpose limitation: Only data necessary for employment purposes should be collected and retained (and deleted in accordance with data retention schedules).

• Security and breach protocols: Employers must implement technical and organisational measures to protect data and respond to breaches promptly.

How we help: Employment 360 can help employers navigate GDPR compliance by conducting legal audits and Data Protection Impact Assessments (DPIAs), drafting privacy notices, internal policies, and employee handbooks, advising on cross-border data transfers and third-party processors and supporting responses to employee rights (e.g. Subject Access Requests ) and regulatory investigations.