Termination of employment and personal data on a business laptop

If an employee returns their business laptop at the end of their employment, you must handle the data on it with care. Such a laptop often contains company data, but possibly also the employee's private data. Respect their privacy and ensure that company data does not leak.

Company tools and termination of employment

Employees often receive a company laptop or smartphone. When employment ends, you typically agree that the employee returns these devices. These devices contain company data — and not infrequently, personal files, emails, or photos of the employee as well.

Respect the employee's privacy

You may not simply access all of the employee's private data on the laptop; an (ex-)employee also has a right to privacy (GDPR). Make agreements in advance: can the employee secure or delete their private files before returning the laptop? Unlimited searching of private files is risky.

Protect your business data

At the same time, you want to prevent company data and trade secrets from going with the employee. Ensure that he does not copy or take confidential data, remind him of his duty of confidentiality, and revoke access rights to systems in a timely manner. A confidentiality clause in the employment contract helps with this.

Document the process well

Establish in your policy how you handle the return and wiping of devices: who checks the laptop, how company data is secured and private data wiped, and when you revoke access. A clear process protects both your company data and employee privacy.

Frequently Asked Questions

Am I allowed to search the laptop of a departing employee?

Not all private data is automatically protected: a former employee also has a right to privacy. Make agreements in advance regarding the securing or deletion of private files.

How do I prevent company data from leaking?

With a confidentiality clause, the timely revocation of access rights, and clear agreements regarding return and deletion.

Does the employee have to return the laptop?

The laptop remains your property; stipulate that it is returned at the end of employment, and how the data is handled.

Is your policy regarding devices and data in order?

Our legal experts document this in your employee handbook and internal privacy statement. View our employment lawteam or schedule a free consultation.