BA002Individual risk assessment

The assignment to a named person of a judgment expressing the degree of concern they warrant.

Control	Jurisdiction	Source	What it establishes	Prerequisite or recommendation
BA002/ATMandatory	Austria	Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026	That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot.	A system for assessing employees needs the works council’s consent where it gathers data the operational use does not justify, and here the consent can be replaced by a decision of the conciliation board.
BA002/FRMandatory	France	Code du travail, articles L1222-2 and L1222-3République française · read 24 Sep 2026	That information sought from an employee may have no purpose other than assessing their professional aptitude and must bear a direct and necessary link to it, and that the employee is expressly informed before an evaluation method is applied to them, the results being confidential and the methods relevant to the purpose pursued.	The person is expressly informed, before they are applied, of the evaluation methods and techniques used in their regard, the methods have to be relevant to the purpose pursued, and the results are confidential. What may be sought of them may have no purpose other than assessing professional aptitude and must bear a direct and necessary link to it.