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GPS trackers in company vehicles can help work more efficiently and save costs, but they infringe on employee privacy. Under the GDPR, this is only permitted under certain conditions: you need a legitimate interest, the tracking must be proportionate and transparent, and the Works Council has the right of consent.
GPS tracking processes personal data
A GPS tracker records the location of a vehicle — and often the employee with it. This constitutes personal data, so the GDPR applies. Therefore, you may not simply track individuals; you must have a valid legal basis and comply with the rules.
Legitimate interest and proportionality
The legal basis is usually your legitimate interest, such as efficiency, cost control, security, or recovering a stolen vehicle. However, you must weigh that interest against the employee's privacy. The tracking must be necessary and proportionate: do not collect more data than necessary and choose the least intrusive method. Permanent and detailed tracking is easily excessive.
Transparency and no private use follow
Employees must know in advance that and why there is a tracker in the vehicle; covert tracking is generally not permitted. If employees are also allowed to use the vehicle for private purposes, you may not track their movements outside working hours. In that case, offer a private mode, for example, or disable tracking outside working hours.
Works Council consent and a DPIA
The introduction of a tracking system affects privacy and personnel monitoring; the Works Council has the right of consent for this (Article 27 of the Works Councils Act). A Data Protection Impact Assessment (DPIA) is often also required. Clearly define the policy, objective, and safeguards, for example in an employee handbook and privacy statement.
Frequently Asked Questions
Am I allowed to install GPS trackers in my company vehicles?
Subject to conditions, yes: with a legitimate interest, proportional, transparent, and with the consent of the Works Council.
Am I allowed to monitor employees outside working hours?
No. When the vehicle is used for private purposes, you may not track movements outside working hours. In that case, disable tracking or offer a private mode.
Does the Works Council have a say?
Yes, the Works Council has the right of consent regarding the introduction of a tracking system (Article 27 of the Works Councils Act).
Implementing GPS tracking in a GDPR-compliant manner?
Our legal experts draft the policy and privacy statement and assess your considerations. View our privacyteam, have it included in your employee handbook, or schedule a free consultation.
