Requesting client to remove "false" CEST result under GDPR? Requesting client to remove "false" CEST result under GDPR?
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  1. #1

    Nervous Newbie


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    Default Requesting client to remove "false" CEST result under GDPR?

    My private sector client (not SKG) has recently carried out individual CEST determinations against all (several hundred) contractors on site. My contract is running to the end of February and I am not renewing.
    Their CEST determination was "inside", my determination on a genuine interpretation of my contract was "outside". We were notified of the intention to carry out the determination and I wrote objecting as the contract was not going to extend beyond February. My concern is that I do not want this determination to end up in the arms of HMRC. Since they had no legal obligation to carry out the determination and ignored my request not to do one, should I write to them to request that they delete this irrelevant personal data under GDPR Article 17? Is there any other way to stop them forwarding the result to HMRC?

    Mr G.

  2. #2

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    Quote Originally Posted by Mr Glyco View Post
    My private sector client (not SKG) has recently carried out individual CEST determinations against all (several hundred) contractors on site. My contract is running to the end of February and I am not renewing.
    Their CEST determination was "inside", my determination on a genuine interpretation of my contract was "outside". We were notified of the intention to carry out the determination and I wrote objecting as the contract was not going to extend beyond February. My concern is that I do not want this determination to end up in the arms of HMRC. Since they had no legal obligation to carry out the determination and ignored my request not to do one, should I write to them to request that they delete this irrelevant personal data under GDPR Article 17? Is there any other way to stop them forwarding the result to HMRC?

    Mr G.
    If you are not renewing at the end of February, then what's the issue? It's not a "false" result, it's an irrelevant one. How do they know you are not renewing? Have you advised them of that?
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  3. #3

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    Quote Originally Posted by Mr Glyco View Post
    My private sector client (not SKG) has recently carried out individual CEST determinations against all (several hundred) contractors on site. My contract is running to the end of February and I am not renewing.
    Their CEST determination was "inside", my determination on a genuine interpretation of my contract was "outside". We were notified of the intention to carry out the determination and I wrote objecting as the contract was not going to extend beyond February. My concern is that I do not want this determination to end up in the arms of HMRC. Since they had no legal obligation to carry out the determination and ignored my request not to do one, should I write to them to request that they delete this irrelevant personal data under GDPR Article 17? Is there any other way to stop them forwarding the result to HMRC?

    Mr G.
    you can ask them (to delete). They will refuse. They have every right to keep that information as it relates to a contract of/for services you have with them.
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    Quote Originally Posted by Lance View Post
    you can ask them (to delete). They will refuse. They have every right to keep that information as it relates to a contract of/for services you have with them.
    It's not information they need until April. It does not relate to the contract until then.
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    Quote Originally Posted by NotAllThere View Post
    It's not information they need until April. It does not relate to the contract until then.
    Au contraire. They need to know before April. They can’t leave it till the last minute.
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    Quote Originally Posted by NotAllThere View Post
    It's not information they need until April. It does not relate to the contract until then.
    It does however relate to the position - hence it's not personal information, it's organisational.
    merely at clientco for the entertainment

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    Quote Originally Posted by eek View Post
    It does however relate to the position - hence it's not personal information, it's organisational.
    In legalise, a company is a person.

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    I like the way he's convinced is CEST result is right and the clients isn't.
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    Quote Originally Posted by northernladuk View Post
    I like the way he's convinced is CEST result is right and the clients isn't.
    Similar to my position. Client's plan to use CEST to make an "initial assessment", which will almost certainly return an inside verdict. Professional review of my contract, lack of MoO and working practices, however, confirmed my view that I am outside.

    If I don't stay after March, I don't want that initial assessment staying on record and potentially being raked up later either. I also plan to ask for all data relating to me to be removed under GDPR. If that is not possible, it would be a major concern to me. Has anyone actually tried exercising their rights under GDPR yet?

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    Quote Originally Posted by PSChick View Post
    Similar to my position. Client's plan to use CEST to make an "initial assessment", which will almost certainly return an inside verdict. Professional review of my contract, lack of MoO and working practices, however, confirmed my view that I am outside.

    If I don't stay after March, I don't want that initial assessment staying on record and potentially being raked up later either. I also plan to ask for all data relating to me to be removed under GDPR. If that is not possible, it would be a major concern to me. Has anyone actually tried exercising their rights under GDPR yet?
    GDPR is great for having information deleted that the company has no right to retain.
    You have a b2b commercial relationship, that requires information to be retained for at least six years....
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