If employers and works councils agree on ‘more specific rules’ in a works agreement regarding the processing of employees’ personal data in the employment context (Art. 88 (1) GDPR), these must take into account the general data protection principles, including the lawfulness of processing (Art. 5, Art. 6 and Art. 9 GDPR), according to the

Continue Reading Germany: Works agreements cannot legitimate inadmissible data processing.

After several failed attempts in recent decades to summarize and codify the data protection provisions relating to employees and other workers in a single Employee Data Protection Act, the current government is once again attempting to do so.

Current legal situation in Germany

Currently, employee data protection in Germany is largely determined by case law.

Continue Reading Germany: New legislative procedure for an Employee Data Protection Act