Being one of those beasts on a semi-regular basis my view is both. When I do
a contract as a consultant through an agent, my contract is with the agent,
not with the final client. You should have suitable contracts with the agent
and then request confidentiality agreements with the contractor/temp before
or when they start. Some agencies provide agreements to the temp but I would
always recommend having your own rather than relying on someone elses
documentation.
It's not hard to build it into the contracts and also to the personnel
induction process.
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Dominic Newton
Sent: 23 April 2009 10:48
To: [log in to unmask]
Subject: [data-protection] Data Processing Agreements and employment
agencies
Hi everyone
this may have been covered before but i couldn't find anything via search...
Where an org uses an employment agency to supply temps (as distinct from
recruitment), in terms of the data that the temp may be used to process,
should the Agency or the Temp (or both...) be asked to sign a Data
Processing Agreement?
Any thoughts gratefully received
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