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ARTICLE · 31 JANUARY 2018

Confirmed: Employers Should Not Use Consent As A Legal Basis For Processing Employee Personal Data

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The WP29's Opinion on processing of personal data at work provides several guidelines and practical examples relating to how employee personal data can and should be processed by employers.

MaltaEmployment and HR
Dr. Claude Micallef Grimaud
Dr. Claude Micallef Grimaud
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Originally published on 22 August 2017

On 8 June 2017, the Article 29 Data Protection Working Party ("WP29") adopted Opinion 2/2017 on data processing at work ("the Opinion") 1 . This authoritative document complements previous WP29 publications on similar issues 2. The Opinion now takes into account new technologies that affect the processing of employees' personal data at work. Moreover, the Opinion takes into account both the Data Protection Directive (Directive 95/46/EC) that is still in force at time of writing – transposed into Maltese legislation via the present Data Protection Act 3 – as well as the EU General Data Protection Regulation ("GDPR") that will enter into force on 25 May 2018. The GDPR will repeal and replace Directive 95/46/EC and the Maltese Data Protection Act ("DPA") on such date.

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