Worker Data Rights under the GDPR and Beyond: Enforcement and Legal Mobilisation Across the EU

In this report by FES Future of Work and the Arbeiterkammer Vorarlberg, Giovanni Gaudio and Justin Nogarede analyse the state of play around workplace data protection across Europe, based on the work of experts in 10 EU Member States. The main finding is clear: workplace data rights are widely underenforced, and EU countries differ sharply in how they apply the GDPR alongside national labour laws.

To improve the situation, the report calls for better implementation and enforcement of the General Data Protection Regulation (GDPR) in the workplace. Several improvements can be made by Data Protection Authorities and the European Data Protection Board already, but the report also includes proposals that can be taken up in the upcoming Digital Omnibus Act negotiations. 

In addition, instead of weakening workers´ rights to access their personal data, as the Digital Omnibus Act proposes, the report recommends strengthening collective enforcement through full and mandatory implementation of Art. 80 GDPR. This would simplify and harmonise the legal framework. It would also make it easier for workers´ representatives to act on behalf of workers, thereby helping Data Protection Authorities in ensuring observance of the law. 

For transparency, and to support further research, the 10 country files underlying the report, based on a questionnaire, will soon be made available here as annexes:

• Austria: by Johannes Warter, Post-Doc, University of Salzburg (coming soon)
• Belgium: by Frank Hendrickx, Professor of labour law, KU Leuven, in cooperation with Emma Beirinckx, Research MasterStudent, KU Leuven (coming soon)
• France: by Thomas Le Bonniec, Sociology PhD candidate, DiPlab research group, Numérique, Organisation et Société, Institut Interdisciplinaire de l´Innovation, Sciences Economiques et Sociales ; Institute Polytechnique de Paris (coming soon)
• Germany: by Christina Hießl, Professor of labour law, KU Leuven(coming soon)
• Ireland: by Johnny Ryan, Director, Enforce (Irish Council for Civil Liberties) (coming soon)
• Italy: by Giovanni Gaudio, Assistant Professor (RTT), University of Turin (coming soon)
• Luxembourg: by Nastazja Potocka-Sionek, post-doctoral researcher, Faculty of Law, Economics and Finance (FDEF), University of Luxembourg (coming soon)
• Netherlands: by Anton Ekker, Lawyer (coming soon)
• Poland: by Marta Otto, Assistant Professor, University of Warsaw (coming soon)
• Spain: by Alba Navalón-Arnal, PhD Candidate, University of Valencia (coming soon)

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