Answer given by Mr Reynders on behalf of the European Commission

In its reply of 4 November 2020 to the letter of the European trade union leaders on Amazon, the Commission made the following points:

Collective bargaining and the right to organise is a fundamental principle and right at work, enshrined in, among others, the Charter of Fundamental Rights of the EU. The EU recognises and promotes the role of social partners, while the functioning of national social dialogue, including the right to organise, is under the responsibility of each Member State.

Companies have to comply with European data protection rules set out in the General Data Protection Regulation (GDPR)[1]. Those include the requirement of lawfulness and transparency of the data processing. Article 88 GDPR allows Member States to provide, by law or collective agreement, for more specific rules on the processing of employees’ personal data in the employment context.

The enforcement of the GDPR is the responsibility of the national data protection authorities and the courts. In the case of cross-border processing within the EU, the data protection authority of the Member State where the company has its main establishment (Luxembourg in the case of Amazon) acts as the lead supervisory authority. Therefore, the Commission advised the labour unions to contact the competent authorities at national level.

• [1] Regulation (EU) 2016/679, OJ L 119 4.5.2016, p. 1.