Few major multinationals today could run their global human resources function without high-technology Human Resources Information Systems, whether the HRIS is a complex program from a high-profile vendor like SAP, Oracle, and PeopleSoft, or whether the HRIS is just an in-house-developed intranet, internal website, or even merely an e-mailed spreadsheet or data compilation. Indeed, without HRIS, these days no large multinational could globally track personnel records and other HR offerings (timekeeping, payroll, benefits claims/administration, stock options/ equity, performance management, discipline, pensions/investments, succession management, internal websites).Domestically within the U.S., HRIS as a business tool raises few significant legal issues. True, various aspects of traditional U.S. HR recordkeeping can implicate certain American laws (FCRA, HIPAA, records-retention requirements). But these issues, in the HRIS context, can seem relatively minor in comparison to the sometimes-enormous impact of data laws on HRIS outside the United States. European Union “data protection” (data privacy) laws reach all HR data about identifiable employees, imposing tight restrictions on sending personal data, including routine HR data, outside of Europe. Similar laws in jurisdictions as far-flung as Canada, Argentina, Hong Kong and Japan impose somewhat similar rules. These restrictions directly block, or at least strictly limit, a multinational’s freedom to input personal data about its own European employees onto its own global HRI System.This session shows U.S.-headquartered multinationals the "lay of the land" as to how overseas data laws require special adjustments to global HRIS. Topics include:
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Donald C. Dowling, Jr., Partner, White & Case