By

Ludwig von Rigal

26 August 2016

German guidance on employee monitoring a reminder to carefully craft Acceptable Use Policies

Earlier this year, German data protection authorities issued guidance (in German) for companies regarding monitoring employees’ work email account and Internet usage.  The guidance establishes a framework based on the German Federal Data Protection Act (“FDPA”) and whether the employer allows employees to use their work email and Internet services for personal use.  Where personal use is prohibited, the data protection recognize a greater scope for monitoring.  The guidance also recognizes that employers may randomly check employees’ Internet use to ensure it is being used only for business purposes.  Further, employers may access an employees’ sent and received emails during a long absence if required for business purposes.

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