Since the advent of COVID-19, there is no doubt that interpersonal relationships have taken a 180º turn, not only in the private sphere but also at work. Videoconferencing has made it possible to keep in touch with our loved ones as well as to pursue our professional activity.
Therefore, it is essential to make sure that when we hold video-conferences at work, either with our team or with third parties such as customers and suppliers, we ensure that we comply with the provisions of the legislation on data protection.
Explicit consent of the data subject
In the same way that the application must comply with the RGPD, we must also do so. If the video-conference is recorded and is with a third party, we must inform them of those aspects listed in articles 13 and 14 of the RGPD and 11 of the LOPDGDD, and seek their explicit consent (legal basis set out in art. 6.1 letter a) of the RGPD). If the purpose for which the data subject's personal data is processed changes, consent must be obtained again.
However, before proceeding to the recording of the video call should be analysed if the recording is strictly necessary for the intended purpose and the legal basis (it will not be the same for an employee, for example, as it will be with a customer). In addition, the processing should be included in the Register of Processing Activities and in the Privacy Policy.
Warning: collect and retain evidence of the process, both of the information given and of the explicit consent given by the data subject.
Avoid unexpected penalties, count on a DPO
Data Protection Officers (DPOs) have the necessary training and skills to be able to offer advice on all these issues. But also, they can verify whether the recording is necessary in relation to the intended purpose, adapt the Privacy Policy, determine the information that must be provided to comply with data protection legislation and to raise awareness and train employees on the need to implement security measures to protect confidentiality in video calls.
The DPO certification is considered as a valid and appropriate tool to evaluate objectively and impartially that the DPO has an adequate level of competence required for the exercise of the functions entrusted to this figure. ANF AC, as a Certification Entity recognised by ENAC, has the necessary technical competence for the certification of DPO in accordance with the AEPD Scheme.
If you have successfully passed any of the courses given by the Training Entities recognised by any Certification Entity1 and/or accredit sufficient professional experience2 in functions related to those of the DPD, do not hesitate to take the last step and get certified.
HERE YOU WILL FIND THE SPECIFICATIONS OF THE CALL AND THE APPLICATION FORM
Every month there is a call for applications so that you can select the date that best suits your schedule. Link to the next calls scheduled in Madrid and Barcelona: https://www.anf.es/en/entidad-de-certificacion/
*We advise that the exam is it only available in Spanish for the moment.
1 Check here the training programs recognized by ANF AC.
2 To access the evaluation phase through experience, please refer to section 7.3 on prerequisites where the necessary years of dedication and the ways of accrediting them are indicated.
