MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
You may monitor employees working remotely, but not without limits. You even have a monitoring obligation regarding a secure workplace and data protection, while employee privacy sets limits. A good teleworking policy and proportionate monitoring are key.
Checks are permitted, within limits
As an employer, you are permitted to supervise work and company assets, even when working from home. At the same time, at a certain point, the employee's privacy outweighs other considerations. Extensive control, such as constant monitoring or watching via camera, is quickly not permitted.
Your checks must be proportionate
For monitoring, you need a legitimate interest, and the control must be proportionate and as minimally intrusive as possible. There must be no less intrusive means to achieve the same objective. Focus on results and agreements rather than permanent surveillance.
Inform in advance and involve the Works Council
Employees must know in advance that and how you conduct checks; covert monitoring is, in principle, not permitted. Furthermore, the Works Council has the right of consent regarding the introduction of monitoring systems, such as employee tracking systems. Document the policy transparently.
Stipulate it in a teleworking policy
A good remote working policy regulates agreements regarding availability, monitoring, data security, and the use of equipment. This way, you combine your need for control with respect for your employees' privacy while remaining compliant with the GDPR.
Frequently Asked Questions
Am I allowed to monitor a remote worker's computer?
Only within limits: with a legitimate interest, proportionate, announced in advance, and no more intrusive than necessary.
May I check covertly?
In principle, no. Employees must know in advance that and how you check.
Does the Works Council have a say in supervision?
Yes, the Works Council has the right of consent for the introduction of personnel tracking and control systems.
Want to properly manage your monitoring and remote work policy?
Our legal experts document this in your employee handbook and internal privacy statement. View our employment lawteam or schedule a free consultation.
