Article 88 of the GDPR: Processing in the context of employment relations
Article 88 of the GDPR: Processing in the context of employment relations
Article 88 of the GDPR allows Member States to establish specific rules regarding processing of employees' personal data in the context of employment relations.
Article 88 of the GDPR explained
According to this article:
- Member States may provide for stricter rules to govern the processing of data in a professional environment;
- These rules must respect human dignity, privacy, and the legitimate interests of the parties;
- They apply to recruitment, contract execution, HR management or the end of the employment relationship.
Why is this article important for your GDPR compliance?
Article 88 recalls that employee data is no exception to the GDPR. Companies must adapt their HR practices to national legislation, which is often more protective in this area.
How to comply with Article 88 of the GDPR?
- Consult the applicable national laws (e.g.: Labor Code, case law, CNIL in France);
- Limit collection to strictly necessary data (minimization principle);
- Clearly inform your employees about the use of their data and their rights;
- Avoid disproportionate or intrusive surveillance devices.
Examples of application of Article 88 of the GDPR
- A company informs its employees of the retention period of HR files;
- An employer sets up a transparency charter for the use of badge data;
- HR software only collects the data necessary for leave and payroll management.
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