Chapter 12 Data Protection and Monitoring

Abstract

In Germany, no specific “Employee Privacy Act” exists. Still, there are several sources of law in Germany which result in rather strict protection of personal employee data. First of all, the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) apply to the collection, processing and use of personal data of employees with sec. 32 BDSG explicitly governing the collection, processing and use of employee data. Secondly, specific data protection obligations might follow from applicable works agreements (Betriebsvereinbarungen). As of 25 May 2018, the General Data Protection Regulation (GDPR) will replace national data protection laws throughout the EU. However, art. 88 of the GDPR allows for national legislation for processing in the employment context which specifies the requirements of the GDPR and the German legislator has opted for keeping a slightly amended version of the current law under the GDPR.