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Data Protection

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1. Concept

The employer shall be responsible for taking the appropriate measures to ensure the protection of data used and processed by the telecommuting employee for professional purposes. The employer shall inform the telecommuting employee of all relevant laws, and company rules concerning data protection. (Section 6, R.A. 11165, Telecommuting Act cf. Section 5, DOLE Department Order No. 202, Series of 2019, Implementing Rules and Regulations of R.A. 11165)

a. Minimum standard

The employer and the employee shall agree on minimum standards that will protect personal information and shall utilize available technologies             that promote security and privacy. (Section 5, DOLE D.O. No. 202-2019)

b. Measures by the employer

Measures such as, but not limited to, disabling of hardware, Universal Serial Bus (USB) access, and external cloud-based storage can be taken by the employer. (Paragraph 2, Section 5, Ibid.)

c. Responsibility of the employees

The employee shall commit to the company’s data privacy policy and ensure that confidential and proprietary information are protected at all times and utilized only in accordance with the requirements of the employer (Paragraph 3, Section 5, Ibid.)

The telecommuting employee shall ensure that confidential and proprietary information are protected at all times. (Section 6, R.A. 11165)

d. Data Privacy Act, suppletory application

For this purpose, the provision s of the Data Privacy Act of 2012 shall have suppletory effect. (Paragraph 2, Ibid. cf. Paragraph 4, Section 5, DOLE DO No. 202-2019)

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References

  • R.A. 11165 – Telecommuting Act
  • DOLE Department Order No. 202, Series of 2019, Implementing Rules and Regulations of R.A. 11165
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