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Data protection in the employment relationship

Can my employer monitor me?

from
Maike Scheller
Lawyer
Specialist in labor law

Give me a call: 0261 - 404 99 605
E-Mail:

In the current legal tip article from caspers mock Anwälte, Maike Scheller, a specialist in labor law, explains the most important aspects of data protection in the employment relationship:

• Legal basis for data processing: Necessary according to the Federal Data Protection Act and the General Data Protection Regulation, can be, for example, the fulfillment of employer obligations or the explicit consent of the employee.
• Voluntariness of consent: Often problematic due to the relationship of subordination/superiority between employer and employee, which calls into question the voluntariness of consent.
• Proportionality of data processing: This must always be ensured with the aim of processing as little data as necessary and observing the prohibition of total surveillance.
• Examples from practice: Use of keyloggers, GPS monitoring of company vehicles and video surveillance at the workplace, with specific guidelines and exceptions for their admissibility.
• Handling of business e-mails: The employer may view business e-mails as long as private use of the account is not permitted, in order not to violate the secrecy of telecommunications.

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.