Data Processing in the Employment Context
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Data Processing in the Employment Context Start Comparison
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: 15 January 2025

Yes.

The potential legal bases for data processing in the employment context are:

The processing is necessary to prepare and/or execute the labor relationship.

Can consent be validly obtained in the employment context?

Last review date: 15 January 2025

☒   Yes, same as for data subjects outside the employment context.

If the processing of personal data for work activities is carried out in the work context, consent is not required. However, for additional activities or activities beyond the scope of employment, consent must be obtained through means other than an employment contract.

Has the data privacy regulator issued guidance on use of artificial intelligence, automated decision making or profiling in an employment context – for example, relating to use in employee monitoring or hiring?

Last review date: 15 January 2025

No.