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) s26-3: s 26(3) Process employees' special category data only for labour and social law duties, or on explicit consent

In derogation from GDPR Art. 9(1), special categories of employees' data (health, biometrics used for identification, trade union membership, religion) may be processed for employment purposes where necessary to exercise rights or meet legal obligations under labour law, social security or social protection law and nothing suggests the employee's legitimate interest in exclusion prevails. Consent to such processing follows s 26(2) and must expressly name these data. The safeguards of s 22(2) apply.

Maintained by Gerard Blokdyk

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GDPR · 1 control

  • GDPR-Art.9 Processing of special categories of personal data

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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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