European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
Section 26 - Data processing for employment-related purpose
LAST UPDATE 2023 - THIS CONTENT WILL NOT BE UPDATED
According to the Federal Data Protection Act, the personal data of employees may be processed for employment-related purposes insofar this is necessary for hiring decisions or, after hiring, for carrying out or terminating the employment contract or to exercise rights and obligations of employees’ representation laid down by law or by collective agreements or other agreements between the employer and staff council.
Employees’ personal data may be processed to detect crimes only if there is a documented reason to believe the data subject has committed a crime while employed, the processing of such data is necessary to investigate the crime and is not outweighed by the data subject’s legitimate interest in not processing the data, and in particular the type and extent are not disproportionate to the reason.
If personal data of employees are processed on the basis of consent, then the employee’s level of dependence in the employment relationship and the circumstances under which consent was given shall be taken into account in assessing whether such consent was freely given.
From the perspective of the German Federation of Trade Unions (DGB), employers are increasingly using digital methods to monitor employees or collect personal data about them.
There is hardly any legal basis for this because of the general provisions in the Federal Data Protection Act. According to the DGB, binding regulations are needed to ensure that personal rights are protected in the workplace. That is why the DGB presented a draft law for an independent employee data protection law in 2022.
From the perspective of the Federal Association of German Employers' Associations (BDA), an independent employee data protection law is neither necessary nor would it make it easier to apply data protection in practice. The General Data Protection Regulation and the redesigned Federal Data Protection Act would rightly stipulate that proven instruments can continue to be used. They should not be unduly burdened by new requirements.
Eurofound (2023), Germany: Algorithmic management, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/algorithmic-management/germany
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