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Anonymous
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Asked: January 28, 20212021-01-28T14:36:36+01:00 2021-01-28T14:36:36+01:00In: GDPR

Employee consent

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Do you need explicit opt in consent to send SMS’ to employees via their personal number? Or would a caveat in the privacy policy be suffice? SMS content would mostly indicate new info/updates added to intranet to drive engagement.

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    1. HellenB

      HellenB

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      HellenB Silver contributor
      2021-01-28T15:27:14+01:00Added an answer on January 28, 2021 at 3:27 pm

      That would be entirely dependent upon the reason for sending an SMS in the first instance.
      If it is because there is a major incident at the workplace or there is something that might affect the health and welfare of the individual directly, then it would be perfectly reasonable to send the information to the individual’s mobile phone.
      However, if it is something purely within the context of their employment then it would be wrapped up in the consent mechanisms required to use that phone for business purposes.

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    2. Elisavet D.

      Elisavet D.

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      Elisavet D. Bronze contributor
      2021-01-28T14:57:21+01:00Added an answer on January 28, 2021 at 2:57 pm

      Not sure if I understood your question. Could you clarify better? In general, consent should not be preferred as a legal basis in cases where data subjects are employees. This is why an employee is considered a vulnerable party in the employer-employee relationship. Therefore the requirement of consent to be freely given is not fulfilled and consent is not valid in such cases. You could rely on legitimate interest instead, but first you will need to do a Legitimate Interest Assessment 🙂

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