Employment 2025

POLAND Law and Practice Contributed by: Magdalena Zwolińska, Aleksander Płaza, Sylwia Miros and Karolina Rogatko, HRLS Zwolińska & Zwoliński

3. Data Privacy 3.1 Data Privacy Law and Employment Scope of Personal Data Processed by the Employer Pursuant to Article 22 paragraph 1 of the Labour Code, the employer shall request the job applicant to provide personal data, including: • first name(s) and surname; • date of birth; • contact details; • education; • professional qualifications; and • employment history. If the person is hired, the employer shall addition - ally request the employee to provide personal data, including: • address of residence; • personal identification number or type and number of identity document; • other personal data of the employee, as well as personal data of the employee’s children and other members of their immediate family, if the provision of such data is necessary due to the employee’s use of parental rights; • education and employment history, if there was no basis for requesting them at the recruitment stage; and • bank account number, if the employee has not submitted a request for payment of remuneration in cash. Information Clause When collecting personal data from an employee, the employer should fulfil the obligations arising from the General Data Protection Regulation (GDPR), including providing the employee with the information referred to in Article 13 of the GDPR, such as: • the employer’s identity and contact details; • where applicable, the contact details of the data protection officer; • the purposes of the processing of personal data and the legal basis for the processing;

• information about the recipients of the personal data; and • information about the intention to transfer personal data to a third country or international organisation. In addition to the information referred to in the points above, the employer should also provide (among other things): • information on the data retention period; and • information on the employee’s rights relating to the processing of personal data, including the right to file a complaint with a supervisory authority for a breach of personal data protection. The Polish labour market is open to foreigners. As a rule, specific requirements regarding access to the Polish labour market apply to third-country nationals. Third-country nationals are defined as foreigners who do not hold citizenship of any of the following: • the European Union; • the European Economic Area; or • the United Kingdom of Great Britain and Northern Ireland (if the agreement on withdrawal from the European Union applies to them). From the point of view of an employer who intends to hire a foreigner (a third-country national), it is impor - tant to note that in general a foreigner may legally work in Poland if: 4. Foreign Workers 4.1 Limitations on Foreign Workers • they have the appropriate work permit or a decla - ration of entrusting work to a foreigner entered in the register of declarations; and • they are entitled to stay in the territory of the Republic of Poland on the basis of a valid resi - dence permit. The above is a general rule concerning employment in Poland. There are also exceptions where it is not necessary to obtain a work permit or a declaration of entrusting work.

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