Compiance with European Data Protection Law and Regulation - Employment relationships - Legal basis

7 important questions on Compiance with European Data Protection Law and Regulation - Employment relationships - Legal basis

On which legal grounds will an employer usually rely to process employees' data?

  1. Consent - serious disadvantages
  2. Necessary to fulfill the employment contract
  3. Compliance with a legal obligation
  4. Employer's legitimate interests

An employee contract with a provision stating that the employee agrees the employer can use personal data, cannot be presented as?

Consent - not valid under GDPR

What is so 'tricky' about using consent as legal ground by employer?

The employee needs to have a genuine free choice and needs to be able to withdraw consent without suffering any detriment. If its not free, its not valid. Recital 43 speaks about imbalance between data subject and controller.
  • Higher grades + faster learning
  • Never study anything twice
  • 100% sure, 100% understanding
Discover Study Smart

What was the position of WP29 on consent - employee

  • An employer seeking consent as legal ground - usually problematic
  • For most data processing at work, the lawful basis cannot and should not be employee consent

When can processing necessary to fulfill an employment contract be used ?


Pay
Process name and bank details
Email system

When can processing necessary for a legal obligation be used?

Dictated by law - tax

When can 'legitimate interest' be used by an employer

In many cases, for example structural systems change to migrate employee data from an old payroll system to a new system.

The question on the page originate from the summary of the following study material:

  • A unique study and practice tool
  • Never study anything twice again
  • Get the grades you hope for
  • 100% sure, 100% understanding
Remember faster, study better. Scientifically proven.
Trustpilot Logo