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GDPR vs. APP: Managing Candidate Data for Australian Companies with EU Ties

Hiring talent from across the globe is a common goal for many Australian businesses. When you look for candidates in the United Kingdom or the European Union, you enter a complex area of law. You are no longer just following local rules. You must also meet the standards of the General Data Protection Regulation (GDPR).

Managing candidate data is a major part of your recruitment process. If you handle this data poorly, you risk legal trouble in multiple countries. You need to understand how the Australian Privacy Principles (APP) work alongside GDPR to keep your company safe. This guide explains the rules for GDPR Australian companies and how to manage data without breaking the law.

GDPR vs. APP: Managing Candidate Data for Australian Companies with EU Ties

The Australian Privacy Principles (APP) Explained

The APP is the foundation of data privacy compliance in Australia. These thirteen principles govern how your business collects, uses, and keeps personal information. If your company has an annual turnover of more than $3 million, you must follow these rules. Some smaller businesses, like those in the health sector, also have to follow them.

The APP focuses on transparency. You must have a clear privacy policy. You must also tell candidates why you are collecting their data. Under the APP, you are responsible for the data even if you send it to a third party overseas. This is known as APP 8. It requires you to take reasonable steps to make sure the overseas recipient does not breach the principles.

Why GDPR Matters for Australian Companies

Many Australian business owners think GDPR only applies to companies with offices in Europe. This is not true. GDPR has an "extra-territorial" reach. This means the law follows the person, not just the business. If you offer jobs to people in the EU or UK, or if you track their behavior online, GDPR applies to you.

For GDPR Australian companies, the stakes are high. The fines for not following the rules can be millions of dollars. GDPR is more detailed than the APP. It gives candidates more rights over their information. If you are hiring a software developer in Berlin or a marketing manager in London, you must treat their data according to EU standards.

Key Differences Between APP and GDPR

While both laws aim to protect people, they do it in different ways. Understanding these differences is a big part of HR compliance.

Consent Requirements

Under the APP, consent can sometimes be implied. GDPR is much stricter. Consent must be a clear, positive action. You cannot use pre-ticked boxes or silent consent. Candidates must actively agree to let you use their data for specific reasons.

The Right to Erasure

GDPR includes the "right to be forgotten." A candidate in the EU can ask you to delete all their data at any time. You must comply unless you have a legal reason to keep it. The APP does not have a direct match for this right, although it does require you to destroy data that is no longer needed.

Data Breach Notification

Both systems require you to report data breaches. However, GDPR has a strict 72-hour window to report a breach to authorities. In Australia, the Notifiable Data Breaches (NDB) scheme requires you to report "as soon as practicable" once you know a serious breach has happened.

Managing Candidate Data Storage Safely

Where and how you store information is a major part of candidate data storage. When you collect resumes, references, and contact details, you are holding sensitive information.

Location of Servers: You should know if your data stays in Australia or moves to the EU. GDPR has strict rules about moving data outside of the European Economic Area.
Security Measures: You must use encryption and strong passwords. Limiting who can see the data is also a requirement.
Data Minimisation: Only collect the information you actually need for the hiring process. Do not ask for extra details that increase your risk.

When checking references for European candidates, you need a system that handles data correctly. Refhub provides GDPR compliant reference checks that meet these high standards. This makes sure that the data you collect during the final stages of hiring is handled with the right level of care.

Best Practices for HR Compliance

To keep your business safe, you should build a clear framework for data handling. This helps you meet both Australian and European standards at the same time.

Update Your Privacy Policy: Make sure your policy mentions GDPR if you hire from overseas. Use simple language that candidates can understand.
Create a Data Map: Know exactly where candidate data comes from and where it goes. This includes your email system, your recruitment software, and any external folders.
Train Your Staff: Your hiring managers must know the rules. They should know not to share candidate resumes via unprotected channels.
Set Deletion Dates: Decide how long you will keep resumes. If a candidate is not hired, you should delete their data after a set period, such as six or twelve months.

How Refhub Supports Dual Compliance

Refhub is built to help Australian companies manage the heavy lifting of reference checking. When you use our platform, you are using a system designed with privacy in mind.

Automated Consent

Refhub asks candidates for their permission before any data is collected. This meets the strict GDPR requirement for active consent. It also keeps a record of that consent, which is important for any legal audit.

Secure Data Handling

We use high-level encryption to protect information. This helps you meet the security requirements of both the APP and GDPR. By using a dedicated tool, you avoid the risks of sending sensitive data through standard email.

Data Sovereignty

We understand the importance of where data lives. Refhub allows you to manage information in a way that respects local and international laws. This reduces the stress of trying to follow two different sets of rules on your own.

Frequently Asked Questions

Does GDPR apply if I don't have an office in Europe?

Yes. If you target candidates in the EU or UK for jobs, you must follow GDPR rules for those specific candidates.

What happens if I breach the APP?

The Office of the Australian Information Commissioner (OAIC) can investigate your company. You may face fines or be forced to change your business practices.

Can I store EU candidate data on Australian servers?

Yes, but you must make sure the data is protected. You often need to use "Standard Contractual Clauses" or other legal tools to prove the data is safe.

Is a resume considered personal data?

Yes. A resume contains names, addresses, and work history. All of this is personal data under both APP and GDPR.

Guarding Your Data Across Borders

The world of international hiring is full of opportunities, but it also brings new responsibilities. You cannot ignore the rules of other countries when you hire their citizens. By aligning your processes with both the APP and GDPR, you protect your company from legal threats. You also show candidates that you respect their privacy. This builds trust and helps you attract better talent.

Using the right tools is the easiest way to stay safe. Instead of trying to track every law manually, you can use software that has these rules built into the code. This lets your HR team focus on finding the right people while the software handles the legal details.

Fix Your Hiring Privacy Today

Do not wait for a data breach or a legal notice to check your compliance. If you are an Australian company with ties to the EU, you need a system that understands your unique needs. Refhub provides the tools you need to manage reference checks while following the strictest privacy laws.

Contact Refhub today to see how our platform makes global hiring safer. Let us help you manage your candidate data with confidence and clarity.

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