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Art. 88 GDPR · Chapter IX: Provisions relating to specific processing situations

Article 88 GDPR: Processing in the context of employment

Text as of 28 October 2026 Reviewed by Sergio Maldonado Elvira on 29 October 2026

Summary (not the official text)

Member States may, by law or by collective agreements, provide for more specific rules to protect employees' rights and freedoms in respect of the processing of their personal data in the employment context. Those rules must include suitable and specific measures to safeguard the data subject's human dignity, legitimate interests and fundamental rights.

Official text

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: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

Article 88 on EUR-Lex

Text as of 28 October 2026.

This is reference material, not legal advice.

This list is under review.

Court of Justice judgments

Fines

Amounts are shown in the currency in which the fine was imposed.

  • Foodinho s.r.l.: EUR 5,000,000

    Garante per la protezione dei dati personali, ItalyDecision of 13 November 2024Appeal status: unknown

    Glovo-group delivery platform geolocated over 35,000 riders even off shift, used facial recognition for identity checks, made automated decisions (including deactivations) without safeguards, and let other group companies see rider data.

    Source: the authority

  • Deliveroo Italy s.r.l.: EUR 2,500,000

    Garante per la protezione dei dati personali, ItalyDecision of 22 July 2021Appeal status: unknown

    Food-delivery platform managed about 8,000 riders through opaque algorithms (booking and work allocation), collected excessive data including location, and lacked a DPIA and proper records.

    Source: the authority