If the General Data Protection Regulation (GDPR) harmonises the data protection rules across Europe, it also leaves room for EU Member States to provide for more specific provisions in certain sensitive area. This is notably the case of processing of employees’ personal data in the employment context. Article 88 of the GDPR indeed provides for a possibility for EU Member States to provide for specific rules, in order to ensure the protection of the employees’ rights and freedoms.
In this context, the new law of 1 August 2018 which implements the GDPR in Luxembourg and repeals the former data protection law of 2 August 2002, has amended the Article L. 261-1 of the Luxembourg Labour Code with effect as of 20 August 2018. This provision lays down the conditions for monitoring at the workplace in rendering the use of such monitoring easier for employers.
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