Relying on legitimate interest for GDPR/data compliance

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Available for User roles Super Admin, Admin, Team Member, Limited Team Member
Only Super Admins can configure compliance settings
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This article depicts and describes an updated version of Lever's data compliance configurations included in the Fall 2023 Product Release, scheduled to rollout progressively in November 2023. For full details, refer to our Fall 2023 Product Release Notes.

You always have a legitimate interest to store and contact candidates in your active pipeline. However, you must choose a lawful basis for archived candidates. How lawful basis is selected will depend on how you have configured compliance settings in your Lever environment - GDPR or localized data compliance. To learn about these settings, refer to the following help articles:

Relying on legitimate interest means that you will not be collecting consent to store candidate data. Instead, Lever will suggest that an opportunity be anonymized when your chosen expiration period has lapsed. Lever will surface opportunities that should be anonymized in a number of ways, including email notifications, inbox notifications, the 'Data Requests' report, and with a banner on the opportunity. To learn more, refer to our help article on anonymizing candidate opportunities.

Legitimate interest expiration banner on candidate opportunity profile

Candidates may have multiple opportunities. As such, it is possible that your settings dictate that you have a legitimate interest to retain the data from one opportunity and not the others.

This can be the case if the opportunities were archived at different times. Only the opportunity that has passed the expiration period will be included when filtering for opportunities due for anonymization, and only the expired opportunity will have the anonymization banner displayed. After anonymizing from the ellipses menu, data for this opportunity will be removed from Lever, and will no longer be visible on the candidates other opportunities.

Menu extending from ellipses button on candidate opportunity profile, anonymize menu option is highlighted on hover.

When relying on legitimate interest, if a candidate is not based in a protected location, and has applied to roles in both GDPR protected and non-protected locations, you will be prompted to anonymize both the opportunities for jobs in GDPR protected locations and those in non GDPR protected locations. When a candidate has at least one opportunity for a job in a protected location, all of their linked opportunities will say that they are protected by GDPR. 

Location field outlined on candidate opportunity profile, arrow pointing to text that reads candidate is protected by GDPR.

To learn more about how candidate consent appears on candidate profiles, refer to our help article on viewing consent information on a candidate's profile.

Consent links

Even though you may have chosen to rely on legitimate interest, you still have the opportunity to ask candidates whether they would like to be contacted regarding future opportunities with your company. Lever allows you to generate consent links, which are URLs that direct a candidate to a unique page where they are given the option to unsubscribe from future recruiting communications.

Screenshot 2023-10-11 at 12.24.24 PM.png

If a candidate chooses to unsubscribe, this status will be reflected on their opportunities in Lever Consent links can be sent to the same candidate multiple times - all links will continue to work if multiples are sent. Additionally, consent links are only generated once the email is sent through Lever. For this reason, you should never copy/paste a link from once candidate to send to another.

Sending consent links

Consent links can be inserted into emails that you send to candidates using the 'Consent link' placeholder. To draft an individual email to a candidate, open their opportunity profile and click the mail button. To insert a consent link into the body of the email, open the 'Placeholder' menu in the email editor and select Consent link. The link will become live once you send the email to the candidate.

Email composition window with placeholder menu expanded, consent link menu option highlighted on hover.

To send out consent links in bulk, start by selecting multiple opportunities in the pipeline and click the Email button in the bulk action toolbar.

Multiple candidate opportunities selected in opportunity list, cursor points to email button in bulk action toolbar.

Next, write out the message you want the candidates to receive, using Lever’s placeholders to for fields such as first name and last name. Open the placeholder menu and select the Consent link placeholder. Insert this placeholder into the body of the email to have Lever generate a unique link for each recipient. When sending consent links, we suggest providing context to the recipient as to what the link is and what it is for so that they know exactly what action is required.

Bulk email composition window; consent link placeholder is contained in body of composed email

Click Preview to see what the message will look like to the candidate. You will notice that each recipient is receiving a different consent link. If the preview looks as expected, click Send to push the emails out to your candidates.

 

To avoid any rate limits set by your email client, we recommend sending bulk emails to get or refresh consent from no-reply@hire.lever.co. You can set this when creating the email. If you are sending the consent link from your own email address, we suggest sending fewer than 50 emails at a time to avoid rate limit issues.

To make sending consent links even easier, consider creating an email template to collect candidate consent. The consent link placeholder can be inserted into email templates the same way it can be inserted into individual or bulk-sent emails (described above). Keep in mind that the consent link will appears as a placeholder in the body of the email template, and change to a unique live link once the template in which it is embedded is loaded in the email composer and the email is then sent to the candidate. To learn more, refer to our help article on creating email templates.

Email template editor, consent link placeholder is contained in body of email template

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