Correct!

ANSWER: D. In the absence of A or B, then a fallback justification for processing Personal Data in the employment context is consent by the data subject; however, under the DSG, the law views consent in this context as something that likely cannot be validly given.

Under the Austrian Federal Data Protection Act as amended in 2010 ("the DSG"), an employee's Personal Data may only be processed if the data controller can show:

A. The information is required to fulfill primary or collateral obligations under an employment contract or prior to effectiveness of an anticipated employment contract;

B. The information is necessary to safeguard justified interests of the data controller and there is not reason to assume that the employee has an overriding legitimate interest in his or her data being excluded from the processing;

C. A and B.

D. A or B.