Compliance with the Data Protection Law obliges companies to respond to candidates who have provided personal data to fill a job vacancy.
A selection process is opened to fill a vacancy or a newly created position in a company. An offer is published and applications begin to be received. Many of them are discarded almost immediately because they do not meet the requirements. The next step for the company would be to respond to all candidates who send their resume because failure to do so may have legal consequences.
This communication with the candidate is common in other countries, but in Spain many companies use silence as a response, in this case negative, to show that they are not interested in hiring a candidate. And it is a mistake.
The Personal Data Protection Law changes everything
What is the main problem? That we have personal data of the candidates that we are going to process in one way or another. Therefore, at least you must respond to the owner of the resume to inform him of the rights that apply to him, such as the ARCO rights (Access, Rectification, Cancellation and Opposition) for the processing of said data.
It is not about communication being personalized. A standard response is enough, informing you that firstly you have received the resume and secondly that your data is incorporated for processing for the open selection process.
The following communication should occur when your resume has been left out of the selection process, that is, your candidacy has been discarded. In these cases two circumstances can occur:
- The selection process is closed and the candidate's personal data is deleted, since they will not be hired again. You must be informed that your data is deleted from the system.
- The selection process is closed, but the candidate's data is maintained for future processes. It is essential to request permission to maintain said data in the system.
The second is the most common procedure, since if for any reason the selected candidate resigns, does not pass the trial period or simply abandons after time, we can look for another candidate based on the selection process that we have already gone through.
If we do not do so, we may find ourselves with claims before the Spanish Data Protection Agency, which could impose a penalty of up to 20,000 euros depending on the seriousness of the facts. It is not common, but if it happens our defense will be very complicated.
The image of the company also counts
Beyond a legal question, it would be important for all candidates to be responded to. For a matter of corporate image, thanking you for your interest in working with the company, taking advantage of this same statement to show the company's values and wishing the candidate luck.
If we add a little personalization to the statement, the film changes completely. It may happen that the discarded candidate leaves, but with the feeling of wanting to continue working in this company.
Of course, if the candidate has reached the final shortlist that includes a personal interview, the most appropriate thing, in addition to formal communication, would be a phone call to communicate the result, in this case negative, but leaving the doors open for the future.
Many companies carry out the entire process poorly or very poorly. With a total lack of empathy towards the candidates. And it doesn't cost anything to humanize the answers a little, do it better and above all, make the candidate feel that they matter, even if they have not been selected.
Source: pymesyautonomos.com
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