We process health or religion data, is that simply allowed?
Special categories under GDPR Article 9 are only processable under a specific exception: explicit consent, an employment-law duty, or healthcare provision, for example.
Try this first
- 1Find where special categories appear: sick-leave, catering allergies, union membership, biometrics for access, diversity-survey responses.
- 2Pick the right Article 9(2) exception per processing. Sick-leave usually rides on the employment-law exception, with the company doctor as processor.
- 3Limit who can see it. Sick-leave does not belong with all of HR, only with strictly needed roles.
- 4Document extras: stronger security, shorter retention where possible, and a DPIA if processing is large-scale or structural.
- 5Train the people involved in what they may and may not record. The cause of a sick-leave call, for example, often cannot be logged by HR.
When to bring us in
Large-scale processing of health, biometric or criminal data is not optional ground for a DPIA and legal review.
See also
- Does NIS2 apply to my company?Two questions decide it: are you in a listed sector, and do you meet the threshold from Recommendation 2003/361/EC (more than 50 FTE and more than EUR 10M turnover or balance sheet). Below that you are only indirectly in scope, via your customers. The threshold determines whether you are an important or essential entity depending on sector.
- What changes with the Dutch Cyber Security Act?The Cyberbeveiligingswet is the Dutch implementation of NIS2. Track NCSC for the exact effective date and the lower regulations.
- Am I personally liable as a director under NIS2?Yes. The board is accountable for approving and overseeing the cyber measures. Severe negligence can become personal.
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