LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2003-10-01, valid until before 2022-01-10

Art.

91

General requirements for the processing of personal data of the employee and the guarantees regarding their protection

In order to ensure the rights and freedoms of man and citizen, in the process of processing the employee's personal data, the employer and his representatives are obliged to comply with the following requirements:


a) the processing of the employee's personal data may be carried out exclusively for the purpose of fulfilling the provisions of the legislation in force, providing employment assistance, training and advancement, ensuring the employee's personal security, controlling the volume and quality of work performed and ensuring the integrity of the unit;


b) when determining the volume and content of the personal data of the employee to be processed, the employer is obliged to be guided by the legislation in force;


c) all personal data are to be taken from the employee or from the source indicated by him;


d) the employer is not entitled to obtain and process data regarding the political and religious beliefs of the employee, as well as his private life. In the cases provided by law, the employer may request and process data on the employee's private life only with his written consent;


e) the employer is not entitled to obtain and process data on the employee's membership in trade unions, public and religious associations, parties and other socio-political organizations, except in cases provided by law;


f) when adopting a decision that affects the interests of the employee, the employer is not entitled to rely on the personal data of the employee obtained exclusively from automated or electronic processing;


g) the protection of the employee's personal data against illegal use or loss is ensured at the employer's expense;


h) employees and their representatives must be familiar, under signature, with the documents regarding the processing and storage of personal data of employees in the unit and be informed about their rights and obligations in the field;


i) employees must not waive their rights regarding the storage and protection of personal data;


j) employers, employees and their representatives must jointly develop measures for the protection of employees' personal data.

In force since 2022-01-10

Art.

91

General requirements for the processing of employee personal data and safeguards for their protection

In order to ensure the rights and freedoms of the individual and the citizen, in the process of processing the employee's personal data, the employer and his representatives are obliged to comply with the following requirements:


a) processing of the employee's personal data may be carried out exclusively for the purpose of fulfilling the provisions of the legislation in force, providing assistance in hiring, training and advancement in service, ensuring the employee's personal security, controlling the volume and quality of work performed and ensuring the integrity of the unit's property;


b) when determining the volume and content of the employee's personal data to be processed, the employer is obliged to be guided by the legislation in force;


c) all personal data shall be taken from the employee or from the source indicated by the employee;


d) the employer is not entitled to obtain and process data relating to the employee's political and religious beliefs and private life. In the cases provided for by law, the employer may request and process data on the employee's private life only with the employee's written consent;


e) the employer shall not be entitled to obtain and process data concerning the employee's membership of trade unions, public and religious associations, parties and other socio-political organisations, except in the cases provided for by law;


f) when taking a decision affecting the employee's interests, the employer shall not be entitled to rely on the employee's personal data obtained exclusively by automatic or electronic processing;


g) the protection of the employee's personal data against unlawful use or loss is ensured at the employer's expense;


h) employees and their representatives must be made familiar, under their signature or by another means allowing confirmation of receipt/notification, with the documents concerning the processing and storage of employees' personal data in the establishment and be informed of their rights and obligations in this area;


i) employees must not waive their rights regarding the storage and protection of personal data;


j) employers, employees and their representatives must jointly develop measures to protect employees' personal data.