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Compliance · EU

Biometric attendance under the GDPR

Last reviewed: [02.11.2026]

Biometric data used to identify a person is special-category data under Article 9 GDPR. Here is what that means for attendance systems — and how NCheck is built for it.

What the law requires

  • Biometric data used to identify a person is special-category data. Processing it requires both a lawful basis under Article 6 and an exception under Article 9. For attendance, the exceptions employers usually consider are explicit consent (Art. 9(2)(a)) and a specific national law or collective agreement (Art. 9(2)(b)).
  • Member states may set further conditions for biometric data (Art. 9(4)), so requirements differ between EU countries.
  • A data protection impact assessment (DPIA) before deployment (Art. 35). Biometric processing of employees meets several of the risk criteria regulators apply, and authorities including the CNIL and AEPD expect one.
  • Data minimisation, storage limitation and security of processing (Art. 5 and 32): encryption, access controls, no keeping data longer than needed.
  • Transparency and rights: a clear privacy notice, records of processing, and honouring access, erasure and consent-withdrawal requests.
  • Transfers outside the EU/EEA require safeguards (adequacy decision or standard contractual clauses).

How EU regulators view biometric attendance

The GDPR applies uniformly across the EU, but national supervisory authorities interpret it in light of their own laws and guidance. Several have addressed biometric attendance directly.

CountryPosition
Spain
AEPD guidance
Guidance published in November 2023 considers employee consent valid only in exceptional cases and finds no general basis for biometric attendance in Spanish law. Sanctions applying the guidance began in 2024.
France
CNIL model regulation
The 2019 model regulation permits biometrics to control access to premises, devices and applications, but not to record working time. The CNIL regards biometric time recording as excessive save in exceptional circumstances.
Italy
Garante
The Garante’s position is that no Italian law permits biometric attendance and that employee consent is not a valid basis. In 2024 it fined five companies a combined €103,000, and separately a car dealership €120,000.
Netherlands
AP decision
Dutch law permits biometrics where necessary for authentication or security. In 2020 the AP fined an employer €725,000, finding that fingerprint time registration met neither that test nor the standard for valid consent.

Outside the EU, the UK Information Commissioner applied similar reasoning under the UK GDPR in February 2024. It ordered Serco Leisure and associated trusts to stop facial recognition and fingerprint attendance for more than 2,000 employees, as less intrusive means such as cards or fobs were available.

These positions leave more room for biometrics in access control to restricted areas, where a security case can be made, than in routine time recording. NCheck supports RFID, barcode and manual check-in on the same account as face, fingerprint and iris, so organisations can confine biometrics to the areas where they are justified.

Fines and penalties under the GDPR

Article 83 sets two tiers of administrative fine. The enforcement cases above rested mainly on the absence of a valid Article 9 exception, which falls in the higher tier.

InfringementMaximum fine
Processing without a valid Article 6 basis or Article 9 exception, or breaching the core principles, data subject rights or transfer rules€20 million or 4% of worldwide annual turnover, whichever is higher
Failures in controller obligations, including the DPIA and security of processing€10 million or 2% of worldwide annual turnover, whichever is higher

Supervisory authorities can also order processing to stop and data to be erased, as in the Italian and UK cases. Employees may claim compensation under Article 82.

Before you enrol the first employee

  • Review your national regulator’s guidance. In Spain and Italy, it currently leaves little or no room for biometric attendance.
  • Complete a DPIA before go-live, recording why less intrusive methods such as cards or fobs would not meet the need.
  • Document both legal grounds: an Article 6 lawful basis and an Article 9 exception. Where consent is relied on, it must be explicit and freely given, with an equivalent alternative and no detriment for declining.
  • Update the privacy notice and your records of processing (Art. 30).
  • Define retention and deletion. Erase departing employees’ templates in full; the Dutch fine cited templates that had been blocked but never deleted.

Free templates: Download the free consent-form and retention-policy templates →

How NCheck supports it

As the employer, you are the data controller, so the decision to use biometrics, and the legal basis for doing so, rests with you. NCheck provides controls that help you meet your obligations once that decision is made.

  • Full on-premises deployment, so biometric data stays on your own servers and in your own country. NCheck Cloud is also available. See on-premise attendance software.
  • Encrypted, non-reversible templates. Event photos can be deleted automatically after a period you set.
  • RFID, barcode or manual check-in available for employees who decline biometrics.
  • Retention limits and deletion tools, plus a full audit trail for accountability.

Where data is held forms part of the DPIA. For NCheck Cloud, hosting arrangements should be reviewed against your assessment. NCheck On-Premises keeps templates on your own infrastructure, with no third-party hosting involved. More on data residency and biometric data.

Common in these industries

Healthcare · Government · Enterprise · Precious metals · High security · all industries

Further reading: Biometric attendance and GDPR: a practical guide

Frequently asked questions

This page is general guidance, not legal advice. Laws change; confirm current requirements with your counsel.

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Deploy it the compliant way

Run NCheck fully on your own server — data never leaves your network — or in NCheck Cloud. Either way, matching uses encrypted templates, and event photos can be deleted automatically after a period you set. About on-premises → · Security & compliance →

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