Categories:Employment,Germany

Monitoring of employees during the course of employment in Germany

Like English law, German law places certain limitations on the monitoring of employees. For example, video surveillance of a company’s premises must take the privacy rights of the employee into account and which means full surveillance of individuals is not permitted.

In addition, covert monitoring measures are generally prohibited as a matter of principle. This also applies to the monitoring of a company’s IT infrastructure. In some cases, exceptions may apply. A number of recent cases about employee monitoring received nationwide media attention in Germany. Employers should be aware of basic principles of applicable data protection law and apply diligence when conducting monitoring measures, not only in order to ensure compliance with the law but also to avoid negative publicity.

German case law holds that monitoring by means of video surveillance is generally allowed as long as the principle of proportionality is respected. This requires the employer to assess, prior to implementation, which areas should be monitored, whether the monitoring is appropriate both in terms of how it is carried out and its duration, and how this might affect the privacy rights of employees. It is also important to take into account whether monitoring is necessary as a result of specific past incidents or whether it is implemented as a generic policy…

If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Taylor Wessing

View more briefings from Taylor Wessing

Analysis from The Lawyer

  • merger deal

    Corporate crunch time: who will triumph at The Lawyer Awards 2014?

    As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014. 

  • singapore orchid

    Singapore: Cash course

    The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world

View more analysis from The Lawyer

Overview

5 New Street Square
London
EC4A 3TW
UK
http://www.taylorwessing.com

Turnover (£m): 241.20
No. of lawyers: 860 (UK 200)
Jurisdiction: UK
No. of offices: 4
No. of qualified lawyers: 67 (International 50)

Jobs