Hauptpersonalrat (C-34/21): national employee-data rules must meet Article 88(2) (Case C-34/21, Hauptpersonalrat der Lehrerinnen und Lehrer beim Hessischen Kultusministerium, EU:C:2023:270 (30 March 2023), operative part)
A national employment-data rule does not automatically make a use of staff data lawful. A holder cannot assume that a national rule, or a works agreement, covers licensing staff emails and recordings to an AI buyer.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“the application of national provisions adopted to ensure the protection of employees' rights and freedoms in respect of the processing of their personal data in the employment context must be disregarded where those provisions do not comply with the conditions and limits laid down in Article 88(1) and (2), unless those provisions constitute a legal basis referred to in Article 6(3) of that regulation, which complies with the requirements laid down by that regulation.”
Where it was read
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in this guide