Webinar – Payroll Outsourcing and GDPR: Your Obligations and Those of Your Service Provider

· Updated on · By Bertrand BucelleBertrand Bucelle · 1 min read

Webinar – Payroll Outsourcing and GDPR: Your Obligations and Those of Your Service Provider

In brief

  • Payroll outsourcing involves a GDPR subcontracting agreement between the employer and the service provider.
  • The employer remains the data controller: they must legally oversee their payroll service provider.
  • Data Comply One simplifies the document management of your GDPR obligations related to subcontracting.

Payroll outsourcing: who is responsible under the GDPR?

When a company entrusts the management of its payroll to an external service provider, it remains the data controller within the meaning of the GDPR. The payroll service provider, who accesses sensitive personal data of employees (salaries, bank details, family situation), acts as a data processor. As such, a subcontracting agreement compliant with Article 28 of the GDPR must be concluded between both parties.

This agreement must specify the nature of the processing, the purposes, the security measures implemented by the service provider, as well as its obligations in the event of a data breach. The employer must also ensure that the service provider uses the data solely for the purposes of the assigned mission. This legal framework was presented during a webinar bringing together Déborah Chapon, Legal Manager at Data Comply One (formerly Mission RGPD), and Amira Bounedjoum, a lawyer specialising in personal data at the law firm Simon Associés.

Best practices and how Data Comply One supports you

To secure your payroll outsourcing from a GDPR perspective, several key practices are essential:

  • Record the payroll processing in your records of processing activities, including the relevant data processor.
  • Verify and formalise the subcontracting agreement in compliance with Article 28 before the mission begins.
  • Inform employees of the existence of the service provider through the internal privacy policy or HR legal notices.
  • Periodically review the security guarantees offered by your service provider (certifications, audits, security policy).

Data Comply One, software designed by lawyers, allows you to centralise your records of processing activities, manage your subcontracting agreements, and track all of your GDPR obligations from a single interface, with complete simplicity and peace of mind.