Article 111 PDPA

In the Act of 26 June 1974 Labour Code (OJ L 917, 2018. p. 917) the following Article 22(1) is inserted after Article 22(2) and Article 22(3):

„Art. 22(2).

Where this is necessary to ensure the safety of workers or the protection of property or the control of production or the secrecy of information the disclosure of which could endanger the employer, the employer may introduce special surveillance of the premises or the premises surrounding the premises in the form of technical measures enabling the recording of the image (monitoring).

§ 2. Monitoring shall not cover sanitary premises, dressing rooms, dining rooms and fireplaces or premises made available to a trade union organisation, unless the use of monitoring in such premises is necessary to achieve the purpose set out in § 1 and does not prejudice the dignity and other personal property of the worker, as well as the principles of freedom and independence of trade unions, in particular by applying techniques to prevent the identification of persons staying in such premises.

§ 3 Recording of the employer's image shall only be processed for the purposes for which it was collected and stored for a period not exceeding 3 months from the date of recording.

In the event that the recordings of an image constitute evidence in a legal proceeding or that the employer has notified that they may constitute evidence in the proceeding, the time limit laid down in § 3 shall be extended until the time when the proceeding is legally terminated.

After the expiry of the periods referred to in Paragraphs 3 or 4, images obtained as a result of the monitoring of the image recording containing personal data shall be subject to destruction, unless the separate provisions provide otherwise.

The objectives, scope and method of monitoring shall be laid down in the collective labour agreement or the rules of employment or in the notice where the employer is not covered by the collective labour agreement or is not required to lay down the rules of employment.

§ 7 The employer shall inform the employees of the introduction of monitoring, in a manner accepted by the employer, no later than 2 weeks before it is initiated.

§ 8 Before authorising an employee to work, the employer shall provide him with the information referred to in § 6 in writing.

In the case of monitoring, the employer shall mean the premises and premises monitored in a visible and legible manner, by means of appropriate signs or audible announcements, no later than one day before the start-up.

Paragraph 9 is without prejudice to Articles 12 and 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.05.2016, p. 1).

Art. 22(3).

If this is necessary to ensure a work organisation that allows full use of working time and the proper use of the tools available to the employee, the employer may insert professional e-mail control (e-mail monitoring).

§ 2. Monitoring of e-mail shall not affect the confidentiality of correspondence or other personal belongings of an employee.

The provisions of Article 222 § 610 shall apply accordingly.

The provisions of § 13 shall apply mutatis mutandis to forms of monitoring other than those set out in § 1, if their application is necessary to achieve the objectives set out in § 1..