Article 88 GDPR (Processing In The Context of Employment)

Article 88 of GDPR: Processing In The Context of Employment

Article 88 of GDPR provides the guidelines with respect to how EU member countries should manage the processing of personal data relating to employment.

Rules concerning data processing in the context of employment (Article 88(1) GDPR)

GDPR specifies that each EU member country may, by law or through collective agreements, allow for more specific provisions with respect to the processing of personal information in the context of employment.

GDPR specifically identifies the following scenarios:

  1. The recruitment process
  2. The performance of an employment contract
  3. Legal obligations
  4. Obligations resulting from a collective agreement
  5. Management 
  6. Planning and organization of work
  7. Work equality
  8. Work diversity
  9. Health and safety at work
  10. Protection of employer property
  11. Protection of customer property
  12. Employment termination 

Guidelines with respect to the EU member rules (Article 88(2) GDPR)

GDPR provides important guidelines to EU member countries in the adoption of rules related to data processing in the context of employment.

The EU rules must:

  1. Provide for the safeguard of the data subject’s dignity 
  2. Protect the data subject’s legitimate interests 
  3. Protect the data subject’s fundamental rights
  4. Allow for transparency of data processing
  5. The transfer of personal data within a group of undertakings or related companies
  6. Monitoring systems at work

Notification to the Commission (Article 88(3) GDPR)

An EU member country adopting rules under this Article should adopt it by May 25, 2018, and notify the Commission.

Recitals applicable to Article 88 of GDPR

Relevant Recitals: 155

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Cited Legislation in Article 88 or relevant recitals


GDPR Text: Article 88 of GDPR and Relevant Recitals

GDPR Text Source: EUR-Lex

Official GDPR Text: General Data Protection Regulation 

Official GDPR Title: REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), corrected by Corrigendum, OJL 127, 23.5.2018, p. 2 ((EU) 2016/679)