Overview

This article allows Member States to establish specific rules for processing employees’ personal data in the context of employment, via law or collective agreements. These rules ensure transparency, protection of dignity, legitimate interests, and fundamental rights, particularly concerning recruitment, contract performance, workplace management, and intra-group data transfers.


Key Principles

  • Transparency: Employees must be informed about data processing practices affecting them.

  • Rights Protection: Safeguard dignity, legitimate interests, and fundamental rights in employment data processing.

  • Scope of Processing: Includes recruitment, employment contracts, workplace management, and corporate group data transfers.

  • Legal Compliance: Processing aligns with national laws, collective agreements, and GDPR.

  • Accountability: Employers demonstrate responsible handling of employee personal data.

Organizational Applicability

This article applies to:

  • Employers and HR departments processing employee personal data.

  • Member State authorities defining employment-related data processing rules.

  • Supervisory authorities monitoring compliance in the employment context.

  • Legal and compliance teams managing HR data protection obligations.

Implementation Requirements

  • Define lawful and transparent processing practices for employee personal data.

  • Ensure safeguards are in place to protect dignity, legitimate interests, and fundamental rights.

  • Apply rules to recruitment, employment management, workplace monitoring, and intra-group data transfers.

  • Document processing activities, agreements, and safeguards for compliance.

Implementation Guidance

  • Train HR and management staff on employment-related GDPR obligations.

  • Establish policies and procedures for transparent communication with employees.

  • Implement technical and organizational safeguards for employee data protection.

  • Periodically review employment data processing practices and collective agreements for compliance.

Periodic Review

  • Frequency: Annually or when laws, agreements, or employment practices change.

  • Responsible Role: HR, Compliance Team, Data Protection Officer (DPO), or Legal.

  • Outcome: Ensure lawful, transparent, and ethical processing of employee personal data in compliance with GDPR.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover for GDPR violations.

  • Legal Exposure: Employee claims or regulatory actions due to unlawful processing.

  • Reputational Damage: Loss of trust among employees and stakeholders.

  • Operational Risk: Ineffective employment data practices may lead to disputes, penalties, or compliance failures.