GDPR · Regulation (EU) 2016/679
Article 88
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 2 parts · 0 Council drafts · 2 Parliament amendments
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Institutional text
European Commission proposal
All Commission’s changes to GDPRThe wording proposed by the Commission at the start of this legislative file.
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European Parliament amendments
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Remove proposed wording Amendment 261 · Tobiasz Bocheński, Kosma Złotowski JURI
Remove proposed wording Amendment 437 · Sophia Kircher IMCO
Justification
The objective of reducing consent fatigue is supported. However, this proposal raises concerns that require further consideration, including its potential impact on the media sector, the disproportionate effects it could have on SMEs by favouring larger market players, and the risk of creating new gatekeepers. It is also unclear why the proposal is limited to browsers. The proposal would benefit from substantial clarification and a clearer specification of how it is intended to operate in practice, including with regard to the requested standardisation process and the practical implementation of any resulting standards.
against:
Article 88
Processing in the context of employment
- 1.
Member States may, by law or by collective agreements, provide for more specific rules to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, equality and diversity in the workplace, health and safety at work, protection of employer's or customer's property and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.
- 2.
Those rules shall include suitable and specific measures to safeguard the data subject's human dignity, legitimate interests and fundamental rights, with particular regard to the transparency of processing, the transfer of personal data within a group of undertakings, or a group of enterprises engaged in a joint economic activity and monitoring systems at the work place.
- 3.
Each Member State shall notify to the Commission those provisions of its law which it adopts pursuant to paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment affecting them.
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Article 88
Wording reproduced in the amendment → Amendment 437 · IMCO amendments 329–532 to the draft opinion: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 437 · IMCO amendments 329–532 to the draft opinion: removal
This wording is removed.
after Article 88
Wording reproduced in the amendment → Amendment 261 · JURI amendments 69–296 to the draft opinion: removal
Changes in context
RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 261 · JURI amendments 69–296 to the draft opinion: removal
This wording is removed.