Article 88: Processing in the context of employment

A collective or works agreement on employee data must also comply with Articles 5, 6 and 9 of the GDPR, and courts fully review its necessity.

National rules on employee data are only more specific rules under Article 88 if they meet the requirements of paragraph 2. Otherwise they must be disregarded, unless they form a legal basis under Article 6(3).

The Grand Chamber finds no violation of Article 8 ECHR in covert video surveillance of cashiers, given the reasonable suspicion of serious theft and the limited duration and scope.

The Grand Chamber finds a violation of Article 8 ECHR in the reading of an employee's messages. National courts must check, among other things, whether prior notice was given, whether there was a legitimate reason and whether less intrusive means were available.

The ECtHR holds that monitoring an employee's telephone, email and internet use without warning and without a basis in law violates Article 8 ECHR.

Assesses employee monitoring with new technologies and stresses that consent at work is rarely free and that monitoring must be necessary and proportionate.

Addresses employer monitoring of email and internet use and holds that such monitoring must be transparent, necessary and proportionate.

Finds that all data protection principles apply fully in the employment relationship and that employee consent is rarely a suitable basis because of dependency.