Employee Personal Data

Article 88 of the General Data Protection Regulation recognises that member states may provide for more specific rules around processing employees’ personal data. These rules must 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 workplace. Because of the power imbalance between employer and employee, consent is generally not considered a legal basis for processing employee data.

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