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The German Draft Act on Employee Data Protection: A compliance update
Practical Law UK Legal Update 2-503-7436 (Approx. 3 pages)
The German Draft Act on Employee Data Protection: A compliance update
by Sandra Pfister and Berthold Hilderink , Simmons & Simmons
| Published on 29 Oct 2010 • Germany |
This article is part of the PLC Global Finance October 2010 e-mail update for Germany.
Speedread
The federal government adopted its draft Act on Employee Data Protection (Entwurf eines Ge-setzes zur Regelung des Beschäftigungsschutzes) which contains legal pro-visions on the implementation of compliance requirements as well as fighting corruption.
The federal government adopted its draft Act on Employee Data Protection (Entwurf eines Ge-setzes zur Regelung des Beschäftigungsschutzes or the Draft Act) which, among other things, contains legal provisions on the implementation of compliance requirements as well as fighting corruption. In particular:
- The employer may use data of employees that is available as a result of the employment relationship to carry out performance and behaviour controls.
- Automated matching of employee data is only permitted to uncover criminal offences and other substantial breaches of duty.
- Data shall be processed anonymously and pseudonymised and may only be personalised in case of concrete suspicion.
- Without knowledge of the concerned party, the employer may not collect employee data unless there is concrete suspicion that the employee committed a criminal offence or substantial breach of duty in the course of the employment.
- The collection of data must be necessary to uncover offences or to prevent further connected offences.
The collection of data without the knowledge of the concerned employee is prohibited if such collection is part of a planned observation that lasts longer than 24 hours without interruption; or takes more than four days, if technical devices are used to tap or record non-public conversations; or if other special means of technical observation are employed (permitted are only binoculars and cameras).
In addition, the draft contains provisions on:
- The employer's right of interrogation.
- Internet research of the employer.
- Medical checks and aptitude tests.
- Video surveillance.
- Location systems.
- Biometric procedures.
- Use of telephone, e-mail and internet.
- Collective agreements.
- Participation rights (especially rights of co-determination, consent, collection of data after the termination of the employment and possibilities for sanctions).