Should employee representation consent be given in writing?
ANSWER
Article 222(2) of the Labour Code, which provides for the need to obtain such consent, does not regulate the form in which it should be obtained. This issue should therefore be addressed separately, and narrowly, under the labour law provisions governing the functioning of employee representation. From the GDPR perspective, the principle of accountability is important, so the controller should always keep in mind that, if necessary, it will have to demonstrate to the supervisory authority that the relevant requirements were met, including obtaining the consent of employee representation. A written form clearly makes that easier.
