A Glossary of Key Terms in Regulatory Compliance & Privacy for Keap Data
Navigating the complexities of data privacy and regulatory compliance is paramount for HR and recruiting professionals leveraging CRM systems like Keap. With stringent laws and evolving digital landscapes, understanding these core concepts is not just about avoiding penalties—it’s about building trust, protecting sensitive information, and maintaining ethical standards. This glossary provides essential definitions, tailored to help HR and recruiting leaders implement robust data management practices and streamline operations through intelligent automation.
GDPR (General Data Protection Regulation)
The GDPR is a comprehensive data privacy and security law implemented by the European Union (EU) in 2018. It sets strict guidelines for how personal data of EU citizens is collected, processed, and stored, regardless of where the data controller or processor is located. For HR and recruiting, this means obtaining explicit consent for candidate data, ensuring transparency in data use, and respecting rights such as access, rectification, and erasure. Automation in Keap can help manage consent records and streamline DSARs (Data Subject Access Requests) to ensure compliance.
CCPA (California Consumer Privacy Act)
The CCPA is a state statute intended to enhance privacy rights and consumer protection for residents of California, U.S. It grants consumers the right to know what personal information is collected about them, the right to delete personal information, and the right to opt-out of the sale of personal information. HR and recruiting teams using Keap must be aware of CCPA when dealing with California-based applicants or employees, particularly concerning resume data, background checks, and communication logs. Automating data access and deletion requests can be crucial for compliance.
Data Subject
A Data Subject is an identified or identifiable natural person to whom personal data relates. In the context of HR and recruiting, this typically refers to job applicants, current employees, or former employees whose information is stored within systems like Keap. Under privacy regulations like GDPR and CCPA, Data Subjects have specific rights regarding their personal data, including the right to access, rectify, or erase their information, which organizations must be prepared to fulfill.
Data Controller
A Data Controller is the entity that determines the purposes and means of processing personal data. For HR and recruiting, the organization itself acts as the Data Controller when it decides what candidate or employee data to collect via Keap, why it’s collected, and how it will be used. This role carries significant responsibility, including ensuring compliance with privacy laws, establishing lawful bases for processing, and implementing appropriate security measures to protect the data.
Data Processor
A Data Processor is an entity that processes personal data on behalf of the Data Controller. In a typical HR and recruiting scenario, Keap acts as a Data Processor because it stores and manages candidate and employee data as directed by the recruiting firm or HR department (the Data Controller). Data Processors are contractually obligated to follow the Data Controller’s instructions and must implement their own security measures to protect the data they handle.
Personal Data
Personal Data refers to any information that can directly or indirectly identify a natural person. This can include names, addresses, email addresses, phone numbers, IP addresses, resume details, employment history, and even online identifiers. In Keap, nearly all information collected about candidates and employees falls under the umbrella of Personal Data, requiring careful handling and protection under various privacy regulations to prevent unauthorized access or misuse.
Special Category Data
Also known as sensitive personal data, Special Category Data includes information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for identification purposes, health data, or data concerning a person’s sex life or sexual orientation. This type of data receives heightened protection under GDPR and similar laws, often requiring explicit consent and a compelling justification for processing in HR and recruiting contexts.
Consent Management
Consent Management is the process of obtaining, recording, and managing individuals’ explicit permission for the collection, processing, and storage of their personal data. For HR and recruiting, this is vital when collecting candidate information, especially for EU citizens, ensuring they understand what data is being gathered and for what purpose. Automated consent workflows within Keap can help track and verify that valid consent has been obtained and is regularly refreshed, aligning with regulatory requirements.
Data Minimization
Data Minimization is a core principle in data privacy that dictates organizations should collect and process only the personal data that is absolutely necessary for the specific purpose. In HR and recruiting, this means avoiding the collection of superfluous information from candidates or employees. By applying data minimization, teams can reduce their data footprint in Keap, thereby lowering the risk associated with data breaches and simplifying compliance efforts, as there is less data to protect.
Data Retention Policy
A Data Retention Policy outlines how long specific types of data will be stored and the criteria for its eventual deletion or anonymization. For HR and recruiting, this policy is critical for managing candidate applications, employee records, and interview notes within Keap, ensuring compliance with legal requirements (e.g., anti-discrimination laws) and privacy regulations. Implementing automated data cleanup routines based on these policies can prevent unnecessary data accumulation and mitigate compliance risks.
Right to Be Forgotten (Erasure)
The Right to Be Forgotten, or Right to Erasure, grants Data Subjects the right to request the deletion of their personal data under certain circumstances. This is particularly relevant in HR and recruiting, where former candidates or employees may request that their application details or employment records be removed from Keap. Organizations must have clear processes and automation in place to efficiently identify and permanently delete such data while adhering to legal exceptions.
Data Subject Access Request (DSAR)
A Data Subject Access Request (DSAR) is a formal request from an individual to an organization, asking for a copy of the personal data held about them. HR and recruiting departments must have robust procedures for handling DSARs in a timely and compliant manner, especially when candidate and employee data is stored across various systems, including Keap. Automation can significantly streamline the process of identifying, compiling, and redacting relevant information for a DSAR response.
Privacy by Design
Privacy by Design is an approach that integrates privacy considerations into the entire lifecycle of a product, service, or process, from the initial design phase through to deployment. For HR and recruiting leveraging Keap, this means actively building privacy protections into new recruiting workflows, data collection forms, and automation sequences from the outset, rather than as an afterthought. This proactive strategy helps ensure compliance and fosters a culture of data protection.
Data Processing Addendum (DPA)
A Data Processing Addendum (DPA), also known as a Data Processing Agreement, is a legally binding contract between a Data Controller (e.g., a recruiting firm) and a Data Processor (e.g., Keap). It outlines the terms under which the processor will handle personal data on behalf of the controller, ensuring that the processor adheres to privacy laws and maintains adequate security measures. Having a DPA in place with all vendors, including CRM providers, is crucial for compliance.
Data Breach Notification
Data Breach Notification refers to the legal requirement for organizations to inform regulatory authorities and affected individuals when personal data has been compromised in a security incident. In HR and recruiting, this means having a clear incident response plan should candidate or employee data stored in Keap be exposed. Timely and transparent notification is critical, with specific timelines and content requirements often dictated by laws like GDPR and CCPA.
If you would like to read more, we recommend this article: Keap Data Protection for HR & Recruiting: Safeguarding Your Future
