As part of a judgement dated 25 February 2021 (docket number: 17 Sa 37/20), the Baden-Wuerttemberg Labour Court of Appeals (the second out of three levels of the German labor court system) has clarified the requirements for an entitlement to immaterial damages in cases of a violation of the General Data Protection Regulation (GDPR). Over …
Go west – damages for transferring personal employee data to the US? Read More »
With its judgment dated 6 June 2018 (docket number 21 Sa 48/17), the Higher Regional Labor Court of Baden-Wurttemberg (Landesarbeitsgericht Baden-Württemberg) found that an employer may use evidence proving an employee’s breach of a contractual duty against the employee, even though the evidence had only been accidentally discovered during a search of the employee’s IT-equipment. …
The Higher Labor Court of Thuringia decided that the processing of an employee’s private mobile phone number against his will is an extremely serious interference with the employee’s personal rights and was not justified in the specific case (decision on 16 May 2018 – docket number 6 Sa 442/17). Therefore, the warning issued in this …
Employee data protection: Notification of private mobile phone number to employer Read More »
By its decision of 23 August 2018 the Federal Labor Court (docket number 2 AZR 133/18) facilitated video surveillance at the workplace. Legally and openly created recordings do not have to be deleted by the employer within a few days. According to the Federal Labor Court, they can be evaluated several months later. Under data …
Legal Useability of Recordings from Open Video Surveillance Read More »
On 25 May 2018, the General Data Protection Regulation (GDPR) entered into force harmonizing the regulations for the processing of personal data by companies and public authorities within the EU. Under the GDPR, employees’ data protection rights are significantly reinforced. Infringement of the GDPR regulations may now result in high administrative fines of up to …
The General Data Protection Regulation (GDPR) entered into force Read More »
On 10 August 2017 the Labour Court of Berlin stated that it is unreasonable to require a taxi driver to press a button at short intervals of time in order to control the employee’s readiness to work (judgement of the Berlin Labour Court dated 10 August 2017, docket number 41 Ca 12115/16). The employee works …
Demonstrating readiness to work every three minutes is unreasonable Read More »
Using a software keylogger may not always be much help in supporting a termination for cause, as a recent case before the Federal Labour Court shows (judgment dated 27 July 2017, docket number 2 AZR 681/16). The employee had worked for the employer since 2011. When opening up its network, the company informed employees that …
Inadmissible evidence through installation of a keylogger Read More »
The German Federal Labour Court (Bundesarbeitsgericht) decided on 13 December 2016 that the Works Council has a right of co-determination when the employer’s Facebook page allows other users to post comments, which are related to the behaviour and performance of the employees. The employer operates a blood donor service. The doctors working at the blood …
The Works Council’s right of co-determination regarding the Employer’s Facebook presence Read More »
Many companies refuse to settle for the information provided by the applicant on job applications and in personal interviews. So-called background checks (also known as “pre-employment screenings”) therefore enjoy great popularity among employers in the US and the UK as a measure to investigate the potential employee’s background. This screening may be conducted by the …
Background checks aka pre-employment screenings in Germany Read More »
Sharing personal and work-related information on social media sites has become a prevalent practice for many employees nowadays. Likewise, social media is also used by employers as a platform to connect with the public (e.g. for employer branding and in recruitment) and to communicate within the workforce. However, both sides should be aware that the …
In Brussels, the EU Commission, the Council and the Parliament are currently negotiating the final version of the General Data Protection Regulation (GDPR) in what is known as the trilogue discussions. Whilst there are still considerable differences between the three drafts in play one thing is sure: together with the individual fines, reputational implications for …
Employee data protection – an increasingly onerous task? Read More »
The legal boundaries regarding the screening of an employee’s corporate email account and questions concerning the admissibility of those emails as evidence in court (eg in a wrongful dismissal lawsuit) have not been finally resolved. No express evidence exclusion rule is laid down by law, either in the Civil Code or in the Labour Court …
Corporate Email Correspondence As Admissible Evidence? Read More »
Almost three months after the general election, the biggest political parties CDU/CSU and SPD have agreed to form a joint administration under the lead of Chancellor Angela Merkel. In a 185-page coalition agreement named “Shaping Germany`s Future” the parties have specified their plans and contemplated actions in respect of the forthcoming legislative period. In this post …
Details of how Mrs Merkel’s new administration wants to be “Shaping Germany’s Future” Read More »
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