Art. 88 Processing in the context of employment | GDPR regulation | GDPR

This article sits within Chapter IX of the GDPR, which deals with specific data processing situations.

It grants Member States the flexibility to go beyond the GDPR's baseline rules by introducing more specific national provisions governing the processing of employees' personal data in the employment context.

It covers a wide range of employment-related scenarios, from recruitment through to termination, and requires that any such national rules include measures to protect employees' dignity, legitimate interests, and fundamental rights.

Member States are also required to notify the Commission of the provisions they adopt.

Important points:

Member States may introduce more specific rules on employee data processing in the employment context, covering areas such as recruitment, contract performance, workplace health and safety, and termination.
Any rules adopted by Member States must include specific measures to safeguard employees' human dignity, legitimate interests, and fundamental rights, with particular regard to transparency of processing and workplace monitoring systems.
Member States were required to notify the Commission of their adopted provisions by 25 May 2018, and must notify any subsequent amendments without delay.

1. 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.
1. 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.
1. 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.