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Videoconferencing and GDPR: A Practical Guide to Legal Use

21/02/2024

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Since the outbreak of COVID-19, there is no doubt that interpersonal relationships have taken a 180-degree turn, not only in the private sphere but also in the workplace. Videoconferencing has made it possible for us to continue staying in touch with our loved ones and continue our professional activities. Therefore, it is essential to ensure that in the videoconferences we hold at work, whether with our team or with third parties such as clients and suppliers, we comply with the provisions of data protection legislation.

Explicit consent of the interested party

In the same way that the application must comply with the GDPR, we must too. If the videoconference is recorded and is with a third party, the information must be provided regarding the aspects listed in Articles 13 and 14 of the GDPR and 11 of the LOPDGDD, and their explicit consent must be obtained (legal basis set forth in Article 6.1, letter a) of the GDPR). If the purpose for which the data subject’s personal data will be processed changes, their consent must be obtained again.

However, before recording the video call, it must be analyzed whether the recording is strictly necessary for the intended purpose and the legal basis (this will not be the same for an employee, for example, as for a client). Furthermore, the processing must be included in the Record of Processing Activities and in the Privacy Policy.

 
 

Warning: collects and preserves evidence of the process, both the information given and the explicit consent given by the interested party.

Avoid unexpected penalties, rely on a DPO

Data Protection Officers (DPOs) have the training and skills necessary to provide advice on all these matters and verify whether the recording is necessary for the intended purpose, adapt the Privacy Policy, and determine the information that must be provided to comply with data protection legislation. They also educate and train employees on the need to implement security measures to protect confidentiality during video calls.

DPO certification is recognized as a valid and appropriate tool for objectively and impartially assessing the appropriate level of competence to perform the duties entrusted to this position. ANF AC, as a Certification Entity recognized by ENAC, has the technical expertise required for DPO certification in accordance with the AEPD Scheme.

If you have successfully completed any of the courses taught by the Training Entities recognized by any Certification Entity1 and/or have sufficient professional experience2 in functions related to those of the DPO, do not hesitate to take the final step and become certified.

SIGN UP NOW!
A call for applications is scheduled every month, so you can select the date that best suits your schedule. Link to the upcoming calls scheduled in Madrid and Barcelona: https://www.anf.es/entidad-de-certificacion/

For security recommendations on using video calling applications, you can consult this post from the National Cybersecurity Institute: Apply these tips and protect your video calls | INCIBE

 
 
 
 

1 Consult here the training programs recognized by ANF AC.
2 To access the evaluation phase through experience, see section 7.3 regarding prerequisites, which indicates the required years of dedication and how to prove them.

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