CJEU Ruling On Works Agreements

In December, the CJEU dealt with the data protection effect and judicial reviewability of company agreements in Germany (judgment of December 19, 2024, case no. C-65/23). The focus is on the question of the conditions under which national legislation and collective agreements may lay down specific rules for the processing of employee data. The CJEU also provided guidance on the judicial reviewability of company agreements. The decision is also important for international groups of companies with subsidiaries in Germany. If a works council exists in these companies, existing group-wide regulations must also meet the requirements of the new CJEU ruling.

Background

Art. 88 GDPR allows member states to adopt regulations on employee data protection at national level. With the introduction of Section 26 BDSG, the German legislator has made use of this option and, in Section 26 (4) BDSG, made it possible for the parties to a company to base the processing of personal