Data protectioni Requirements for registration
According to Article 29 of the EA, employees' personal data may be collected, processed, used or disclosed to third parties only if it is regulated by the EA or any other law, or where it is necessary for the purpose of exercising rights and obligations arising from employment or pertaining thereto.
Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation (GDPR)) and the Act on Implementation of General Data Protection Regulation (AIGDPR) (National Gazette 42/18) regulate the protection of personal data on natural persons and the free movement of personal data in Croatia.
Processing of biometric data of employees is allowed for the purposes of recording working hours and recording entry and exit of the business premises, if prescribed by law or as an alternative to other solutions for recording working hours or entry and exit of the business premises, under the condition that the employee gives explicit consent for processing biometric data, in accordance with the provisions of the GDPR (Article 23 of the AIGDPR).ii Sensitive data and background checks
Pursuant to Article 24 of the EA, when concluding an employment contract and during employment, the employee is obliged to inform the employer about sickness or any other circumstances precluding the exercise of employment obligations or harming the life or health of people that the employee makes contact with.
During the process of selecting applicants for a job and concluding an employment contract, as well as during employment, the employer may not request any information from an employee that is not directly related to employment, and answers to questions that are not allowed may be sustained (Article 25 of the EA).
The EA prohibits discrimination against pregnant women and those who have recently given birth or are breastfeeding, with respect to their employment, and therefore the employer may not request any information whatsoever about pregnancy (Article 30 of the EA).