Employee Data Privacy

GDPR Related National Laws & Modifications

The European Union’s General Data Protection Regulation (GDPR) sets a common standard for protecting personal data across the EU. It also allows member nations some flexibility to create additional provisions and limitations. Some examples, which may impact HR teams, include the ability for EU member states to:

• provide “specific rules to ensure the protection of…employees’ personal data in the employment context” (Art. 88);
• limit the transfer of “specific categories of personal data to a third country or international organization” if the country (or international organization) is deemed not to have adequate protections in place (Art. 49, (5)); and,
• “determine the specific conditions for the processing of a national identification number or any other identifier of general application” (Art. 87).

 

Derogations in Sweden

In Sweden, collective bargaining agreements may result in additional requirements that impact employee data. For example, before installing integrity-sensitive monitoring devices (ex. video surveillance, GPS, electronic driving logbooks in company cars) at an employee’s place of work, employers must initiate and complete union negotiations.