Germany Federal Data Protection Act (BDSG)
Part 2: implementing provisions for processing under the GDPR (employment, special categories, rights, private-sector DPOs) – Germany Federal Data Protection Act (BDSG)

Germany Federal Data Protection Act (BDSG) s26-2: s 26(2) Rely on employee consent only where it is genuinely voluntary, in the required form and with text-form notice

Where employee data are processed on consent, voluntariness is judged by how dependent the employee is on the employer and by the situation in which consent was obtained. Consent can be voluntary in particular where the employee gains a legal or economic advantage or employer and employee pursue aligned interests. Consent is given in writing or electronically unless special circumstances justify another form, and the employer informs the employee in text form (for example email) of the purpose of processing and of the right to withdraw consent under GDPR Art. 7(3).

Maintained by Gerard Blokdyk

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GDPR · 1 control

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Other controls in Part 2: implementing provisions for processing under the GDPR (employment, special categories, rights, private-sector DPOs) – Germany Federal Data Protection Act (BDSG)

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