Chapter 9 · Specific Processing Situations

Article 88Processing in the context of employment

All 99 Articles Chapter 9: Specific Processing Situations

Member states (or collective agreements) may lay down more specific rules for processing employees' personal data — recruitment, management, monitoring and termination.

Key points

  • Rules must include measures to safeguard dignity, legitimate interests and fundamental rights.
  • A frequent basis for national employee-monitoring and HR-data rules.

Official text & source

Article 88 of the General Data Protection Regulation (Regulation (EU) 2016/679). Read the full, authoritative text on EUR-Lex.

Official text on EUR-Lex

Official text

Verbatim text of Article 88 of the General Data Protection Regulation — Regulation (EU) 2016/679.

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.

Source: Regulation (EU) 2016/679 (OJ L 119, 4.5.2016, p. 1). Official text reproduced from EUR-Lex — © European Union. Only European Union legislation published in the Official Journal is deemed authentic.

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