Is an identified legal basis required in order to collect or process personal data or sensitive personal data in the employment context?
Last review date: 2 January 2025
Yes.
The potential legal bases for data processing in the employment context are:
- Data subject consent
- Performance of the labor contract
- Compliance with a legal obligation
- Other
Can consent be validly obtained in the employment context?
Last review date: 2 January 2025
Yes, but this consent is typically more difficult to establish in an employment context (specify details below)
Although there is currently no explicit restriction for consent obtained in the employment context, local regulators might study the GDPR's elements of free consent and render the consent sought from employees invalid in certain scenarios.