It depends!
What do you mean by"employee benefits"? How are you dealing with any necessary consent in the existing scheme? Are these optional benefits or something you are contractually bound to supply?
The problem is not just P8 but conditions for processing generally.
Certainly you cannot imply or impose consent from the employee relationship: "by accepting this job you consent to us sending marketing to you at home". That is not the same as saying you cannot use consent in the employer / employee relationship: "Welcome to your new job. We have lots of additional benefits and would like to send you details at home from time to time - do you consent to us using your address to do this YES / NO".
Assuming current scheme IS compliant is the new benefit such that you are effectively adding a new purpose? If so you will need to renew consent generally. Or you may be using condition 2 (separate contract - not the employment one!) in which case you will need to amend and deal with fair processing.
As to P8 again I would normally expect consent, with appropriate notice and the option to withdraw from the scheme. I doubt if you can use Schedule 4 condition 2 here as probably fails the necessity test.
And you cannot designate them as a data controller if they are not.
If you cannot resolve these issues then you may have to find a new arrangement as you would be left in a position where you can only supply the benefits by unlawful processing. Then you may get into difficult contractual arguments as to whether the data protection issues are such that the sale has effectively frustrated the contract with the supplier ...
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|