GPS tracking in the company – when is it legal?

Legal aspects of tracking in the company

As we have already described in our article on tracking portals, GPS trackers offer companies numerous opportunities for more effective fleet management. However, you should always observe the legal framework. We explain what you should pay attention to in order to ensure a smooth introduction of the technology.

The requirements

Since employee data is collected during tracking and the associated monitoring, there must be a necessity that justifies the use of the technology. Typical examples would be the protection of employees or the organization of a vehicle fleet. Use would not be permitted if the rights and interests of the employee are restricted without a recognizable reason.

In addition, the details of the legal framework are defined by the Federal Data Protection Act, the Telecommunications Act and the Works Constitution Act. These state, among other things, that the employee must be fully informed about the functioning and use of the technology. Furthermore, the works council has a right of co-determination and must be involved in the decision-making process. On the basis of this legal foundation, a company agreement can now be concluded for more precise coordination between employer and employee.

The company agreement

In principle, we believe it makes sense for employees to actively participate in the drafting of the works agreement. This avoids misunderstandings and disputes later on. After all, they want to work together and not against each other. Tracking should therefore increase transparency in the company in order to increase efficiency and not place employees under general suspicion.

For this reason, we believe it is essential that the agreement specifies the employees for whom tracking is activated. You must also clarify until when the data collection is to apply and when the employee has the right to stop it. Of course, this requires employees to be trained in how to use the devices. This also increases transparency. If there is a data protection officer or at least a works council, we consider it sensible to involve them as a supervisory body. You must then regularly check how the data is logged, when it is deleted and whether the employer is complying with all agreements.

Last but not least, the employer should publish the agreement for all employees so that everyone is on the same page. Now nothing should stand in the way of the many optimization possibilities in your company.[/vc_column_text][/vc_column][/vc_row]

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