- Phase
- Labour code
- Native name
- Code du travail
- Type
- Employee monitoring and surveillance
- Added to database
- 21 April 2024
Description
The legislator exercised the option to the Member States by Article 88 of the GDPR to provide for more specific rules concerning the processing of personal data for employee surveillance purposes under employment relationships.
The processing of personal data by the employer for surveillance purposes is therefore authorized: If it is necessary:
- for the performance of the contract of employment;
- for compliance with a statutory obligation of the employer;
- for legitimate interests pursued by the employer or by a third party, unless the employee’s interests or fundamental rights and freedoms prevail over the former;
- for the safeguarding of the vital interests of the employee or another natural person;
- for carrying out a mission that is in the public interest or relevant for the exercise of public
authority vested in the employer;
Or if the person concerned has consented to the processing of his or her personal data.
In addition to an individual right of access to information for each employee by virtue of Articles 13 and 14 of the GDPR, the employer must also inform the staff delegation or, otherwise, the Inspectorate of Labour and Mines. The information must include the following elements:
* A detailed description of the purpose of the proposed processing;
* The implementation methods of the surveillance system and, where applicable, the period of
and criteria for data retention;
* The employer’s formal commitment not to use the data collected for a purpose other than
that provided explicitly in the prior information.
Citation
Eurofound (2024), Luxembourg: Employee monitoring and surveillance, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/employee-monitoring-and-surveillance/luxembourg