Art. 88 GDPR – Processing in the context of employment
- Member States may, by law or by collective agreements, provide for more specific rules to ensure the protection of the rights and freedoms in respect of the processing of employees’ personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, equality and diversity in the workplace, health and safety at work, protection of employer’s or customer’s property and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.
- Those rules shall include suitable and specific measures to safeguard the data subject’s human dignity, legitimate interests and fundamental rights, with particular regard to the transparency of processing, the transfer of personal data within a group of undertakings, or a group of enterprises engaged in a joint economic activity and monitoring systems at the work place.
- Each Member State shall notify to the Commission those provisions of its law which it adopts pursuant to paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment affecting them.
Related Recitals
Frequently Asked Questions about Article 88
+Does the GDPR apply to employee data?
Yes. Article 88 allows member states to set more specific rules for processing employee data in the employment context, with safeguards for workers’ dignity and interests.
+Can employers monitor employees under the GDPR?
Monitoring is subject to national employment rules and GDPR safeguards, requiring transparency, necessity, and proportionality to protect employees’ rights.
+ What safeguards apply to workplace data processing?
National rules must include measures to protect human dignity, legitimate interests, and fundamental rights, particularly for transparency, monitoring, and data transfers within groups.