IP case law Court of Justice

Referral C-34/21 (Hauptpersonalrat der Lehrerinnen und Lehrer, 20 Jan 2021)



1. Is Article 88(1) of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR) to be interpreted as meaning that, in order to be a more specific rule for ensuring the protection of the rights and freedoms in respect of the processing of employees’ personal data in the employment context within the meaning of Article 88(1) of REGULATION (EU) 2016/679, a provision must meet the requirements imposed on such rules by Article 88(2) of REGULATION (EU) 2016/679?
2. If a national rule clearly does not meet the requirements under Article 88(2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, can it nevertheless remain applicable?


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