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GDPR in an Employment Context

publiziert: 
Altius
Datum: 
19. Februar 2019

Austria

1. As an EU Regulation, the GDPR is directly applicable and must not be implemented into national legislation. However, the GDPR includes certain articles that give articles that give Member States the opportunity to have specific national legislation in execution of the GDPR. This is, for instance, the case for the processing of employee personal data.

1.1 Has your country made use of this opportunity to have have specific national rules regarding the processing of employees personal data? If so, please comment on these rules.

No, the Austrian legislator did not implement specific rules regarding the processing of employee data. However, the Austrian Data Protection Act (Datenschutzgesetz "DSG") contains a few selective provisions in context with HR data [...].

1.2 If not, has your country adopted other national data protection legislation in execution of the GDPR that could be relevant in an HR context? If so, please give a short bullet-point overview of the relevant provisions.

Neither has the Austrian legislator adopted other national data protection legislation in execution of GDPR, which could be relevant in an HR context.

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