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 …