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Can I use third-party HR tools that collect personal information in New Hampshire? What are the requirements?

Requirements for Using Third-Party HR Tools in New Hampshire

If you are planning to use third-party HR tools that collect personal information in New Hampshire, you must comply with the New Hampshire Rules of Professional Conduct [2]([3]:) and the Privacy Act [3].

According to the New Hampshire Rules of Professional Conduct, lawyers are prohibited from revealing information relating to the representation of a client, including disclosures that could reasonably lead to the discovery of such information by a third person [2]([3]:). Therefore, if you are a lawyer or your business involves legal services, you must ensure that the third-party HR tools you use do not violate this rule.

Under the Privacy Act, records about an individual maintained in a system of records cannot be disclosed without the individual’s written consent, except for certain exceptions [3]. Therefore, if the third-party HR tools you use collect personal information, you must obtain the individual’s written consent before disclosing their information to third parties.

Additionally, if the third-party HR tools you use involve the transfer of personal data to countries outside of the European Economic Area (EEA), you may need to use Standard Contractual Clauses (SCCs) to comply with EU data protection law [4]. SCCs can be incorporated into your contractual arrangements with other parties to demonstrate compliance with data protection requirements.

In summary, if you plan to use third-party HR tools that collect personal information in New Hampshire, you must comply with the New Hampshire Rules of Professional Conduct, the Privacy Act, and EU data protection law if applicable. You must obtain written consent from individuals before disclosing their personal information to third parties and may need to use SCCs for data transfers outside of the EEA.

Note that this is not legal advice and you should consult with a legal professional for specific guidance on your situation.

[4]:

Source(s):
Jurisdiction

New Hampshire