Article 88: Processing in the context of employment
Praxikon tracks Article 88 (Processing in the context of employment) under the GDPR, alongside the EU AI Act, citing the source for every statement.
Chapter IXIn force since 25-05-2018
Official text
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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.
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.
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.
Source: EUR-Lex, Regulation (EU) 2016/679. Official text, reproduced without modification.
Connections
What connects to Article 88 GDPR
Guidelines
- EDPB and EDPS adopt Joint Opinion 2/2026 on the Digital Omnibus
2026-02-10 · final, European Data Protection Board en European Data Protection Supervisor
Legislation in motion
- Proposal: consent and objection via machine-readable browser signals (new Article 88b GDPR)
2025-11-19 · under negotiation, Europese Commissie
- Proposal: legitimate interest for development and operation of AI (new Article 88c GDPR)
2025-11-19 · proposal, Europese Commissie
- Council: Irish Presidency continues with a revised compromise, Antici Group 11 September 2026
2026-09-11 · under negotiation, Raad van de Europese Unie, Iers voorzitterschap
- Proposal: cookie rules move from ePrivacy to the GDPR, with new exceptions and a six-month rule (new Article 88a GDPR and Article 5(3) ePrivacy)
2025-11-19 · under negotiation, Europese Commissie
- Council: Cyprus Presidency tables negotiating mandate, Coreper vote of 26 June 2026 cancelled
2026-06-22 · under negotiation, Raad van de Europese Unie, Antici-groep (vereenvoudiging) en Coreper
- Commission publishes Digital Omnibus proposal COM(2025) 837
2025-11-19 · proposal, Europese Commissie