Processing in the context of employment
General Data Protection Regulation · UE 2016/679
Processing in the context of employment
1. Member States may, by law or by collective agreements, provide for more specific rules to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, equality and diversity in the workplace, health and safety at work, protection of employer's or customer's property and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.
2. Those rules shall 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 work place.
3. Each Member State shall notify to the Commission those provisions of its law which it adopts pursuant to paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment affecting them.
In Luxembourg, workplace monitoring is strictly governed by Article L.261-1 of the Labour Code, amended to align with the GDPR. Monitoring may only be implemented for an exhaustive list of purposes (health and safety, protection of property, temporary production control, organisation of work under flexible hours). Implementation requires prior information of the employee and the staff delegation, with possible co-decision in some cases. The CNPD (never the APDL) is the competent authority and applies reinforced ex-post oversight to these systems.
Luxgap practice: before deploying any camera or monitoring tool, validate the purpose against the closed list of Article L.261-1 and document the staff delegation consultation, otherwise the system is unlawful from the outset.
