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GDPR — Table of Contents

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This provision allows Member States to adopt more specific rules by law or collective agreement for the processing of employee personal data in the employment context. These rules may cover recruitment, contract performance, workplace health and safety, and termination, but must include suitable safeguards for human dignity, legitimate interests, transparency, and fundamental rights.

Art. 88 GDPR

Processing in the context of employment

(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 of employees' 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.
(2.)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 , the transfer of within a , or a group of enterprises engaged in a joint economic activity and monitoring systems at the work place.
(3.)Each Member State shall notify to the Commission those provisions of its law which it adopts pursuant to paragraph 1, byand, without delay, any subsequent amendment affecting them. 25 May 2018
Source:
EUR-Lex CELEX 02016R0679-20160504
Citation:
OJ L 119, 04.05.2016, p. 1; corrected by OJ L 127, 23.05.2018, p. 2
As of:
2016-05-04
Retrieved:
2026-02-25