The Keylogger Decision of the Federal Labour Court – Exclusion of Evidence Due to Data Protection Violation

Bernd Schmidt Employee Data Protection Leave a Comment

The Federal Labour Court (Bundesarbeitsgericht) had to decide on the effectiveness of the termination of a web developer who used substantial parts of his working time for private activities. The employer had gained this insight by using a keylogger, without any concrete suspicion of a criminal offence or serious breaches of duty by the employee. (Judgment as of 27.07.2017, BAG …

Dismissal based on serendipitous disclosure by covert video surveillance

Claudia Bischof Employee Data Protection Leave a Comment

In a recent decision of 22 September 2016 (2 AZR 848/15), the Federal Labour Court (BAG) dealt with a dismissal based on serendipitous disclosure of facts by a covert video surveillance. Therefor the legal changes resulting from operating covert video surveillance are summarized below.  I. The facts The applicant had been working as a deputy branch manager for likely 15 …

Boss is Watching! New Data Protection Authorities’ Guidance on E-Mail and Internet Use at Work

Bernd Schmidt Employee Data Protection, Telemedia Leave a Comment

E-Mail and internet at work primarily serve the company’s business purposes. However, in many cases, employers allow or tolerate private use of company e-mailing or internet systems. This may result in severe restrictions for the company’s access to data stored in such systems. Companies are well advised to implement clear rules on (private) use in order to prevent undesired consequences.