- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
DPA case 2025-0.960.016 – Complaint Upheld (Austria, 2026)
Privacy enforcement record
This record is classified outside cookie consent. Subject classification does not confirm an applicable law. It is not included in cookie statistics or the Risk Calculator.
An Austrian company was found to have processed employee feedback without proper agreements in place. This matters because it highlights the need for companies to have clear policies when handling employee data.
What happened
The company conducted a 360-degree feedback process without a specific works agreement.
Who was affected
The employee who filed a complaint regarding the handling of their feedback data.
What the authority found
The authority indicated that the company may have violated privacy laws by not having the necessary agreements for processing employee data.
Why this matters
This ruling serves as a reminder for employers to establish clear agreements when processing employee data. It reflects the ongoing need for compliance with privacy regulations in the workplace.
View original scraped data
Original imported citations before automated processing; the processing history does not establish independent verification.
Source checks
Secondary-source text retrieved.
Automated check recorded — 18 October 2026.
Processing notes: national law identified.
Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources
The data subject was employed by an Austrian stock corporation (the controller) from August 2018 to June 2025. They worked as a manager in the controller’s finance department, with technical and disciplinary responsibility for up to five employees. The controller operated a 360-degree feedback process under which the data subject completed a self-assessment and 17 other individuals, including their supervisor, three subordinates and other employees, evaluated their leadership behaviour across 27 categories. Both the data subject and their supervisor had access to the results. The process was also used for other managers within the company. On 1 August 2025, the data subject lodged a complaint with the Austrian DPA, alleging a violation of their right to confidentiality. They argued that the processing carried out as part of the 360-degree feedback process required a specific works agreement and was therefore unlawful in the absence of one. The controller had concluded a framework works agreement with the central works council on the processing of employee data, as well as a supplementary agreement concerning its HR system. However, there was no specific works agreement covering the 360-degree feedback process. The controller alleged that it relied on its legitimate interests under Article 6(1)(f) GDPR and on the performance of the employment contract under Article 6(1)(b) GDPR. It argued that a works agreement would merely specify its legitimate interests and that the absence of such an agreement did not render the processing unlawful. It further maintained that whether a works agreement was required was a labour-law issue that could not be determined in the proceedings before the DPA The data subject responded that the processing of personal data in a 360-degree feedback process served to evaluate employees and therefore constituted a measure within the meaning of § 96 of the Austrian Labour Constitution Act (ArbVG). Section 96 ArbVG lists certain workplace measur
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Related Enforcement Actions (0)
No other enforcement actions found for DPA case 2025-0.960.016 in AT
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case 2025-0.960.016 - Austria (2026). Retrieved from cookiefines.eu
Last updated: