Topic: Data privacy and GDPR

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Covert monitoring in the workplace – impact on an employee’s privacy

The Grand Chamber of the European Court of Human Rights (ECHR) has held that Spanish shop workers’ right to privacy under Article 8(1) of the European Convention on Human Rights was not violated when their employer obtained evidence of theft from covert CCTV footage of the employees. The case involved five employees who worked as … Continue reading

New EU rules for protection of whistleblowers

On 7 October 2019, the EU Council formally adopted the new Whistleblowing Directive that will guarantee whistleblowers EU-wide standards of protection. The Directive obliges both public and private organisations and authorities to set up secure reporting channels, so that whistleblowers can report violations of EU law as safely as possible. Member States have two years … Continue reading

Facilitating HR Management: Electronic medical certificates

As part of the “Third Bureaucracy Relief Act” the German government intends to introduce an electronic submission procedure for medical certificates regarding the incapacity of employees. More than 80 million of such certificates are issued every year by doctors in Germany. Replacing extensive documentation and record-keeping duties will allow medium-sized companies in particular to reduce … Continue reading

Control or trust: Legal claim to home office?

Digitization and  technological advances are accelerating the flexibility of working conditions leading to a changed understanding of leadership. A key topic of debate is the “home office” which is currently used by approximately 12 per cent of employees in Germany for all or part of their working time. On this topic, the German government is … Continue reading

Vicarious liability in the data breach context – bad news for UK employers

The Court of Appeal has upheld a decision of the High Court holding that an employer can be vicariously liable for data breaches caused by the actions of an employee, even where the employee’s actions were specifically intended to harm the employer. This decision is significant as it means a company can be held liable … Continue reading

ICO updates its subject access Code of Practice

The Information Commissioner’s Office in the UK (ICO) has updated its Subject Access Code of Practice (the Code) which deals with requests from individuals for personal information. The amendments are mainly to reflect the Court of Appeal’s decisions in the recent cases of Dawson-Damer and others v Taylor Wessing LLP [2017] EWCA Civ 74 and … Continue reading

Norton Rose Fulbright’s online guide to global employment law is now available

More and more organisations are growing their global footprint and need to move their people around the world. In this global environment, it is essential to know, understand and comply with employment and labour laws in place across all of the jurisdictions in which organisations engage people. This will help to protect business from unnecessary … Continue reading

Employment Law and Financial Institutions

In the financial sector, in addition to individual employment contracts, working conditions can be subject to various industry related statutes and regulations, collective bargaining agreements and works agreements. Laws and regulations As a reaction to the global financial crisis, the participants of the 2008 G20 summit in Washington, including Germany, agreed on the establishment and … Continue reading

Use of social media in France: Employee’s rights and obligations

The impact of the use of social media in the workplace has regularly given rise to controversies and debates as how this subject is to be handled by a company’s management. The current state of employment law is still not entirely settled in this respect. It is however possible to provide some guidance on the … Continue reading

Data protection and employment law update (Italy)

The Italian Data Protection Authority (IDPA) is increasingly faced with issues relating to the ways employers may monitor the Internet usage of its employees. In 2016, the Authority handed down two important decisions on this topic. In the first decision, the IDPA stated that an Italian University (the University of Chieti and Pescara) was acting … Continue reading

Misclassification of Workers under the Fair Workplaces, Better Jobs Act, 2017 (Bill 148)

On May 23, 2017, the Ontario Government released The Changing Workplaces Review: An Agenda for Workplace Rights Final Report.  The report reviewed numerous aspects of our workforce and the legislation that applies to it.  A portion of the report included a statistic that found a significant increase in the number of individuals that are self-employed … Continue reading

Monitoring an Employee’s use of the internet

The European Court of Human Rights (ECHR) has held that an employee’s right to respect for private life and correspondence is not breached where an employer monitors the employee’s personal communications at work, subject to reasonableness and proportionality. Whilst this has caused a large amount of media interest in the UK, employers should be aware … Continue reading

Employees’ rights and obligations relating to the use of social media in Germany

In Germany 80% of all internet users are registered in social networks and 70% of all internet users actively make use of social networks. This development is also increasingly having an impact on the world of employment. Social media and recruitment In general, German data protection legislation allows the employer to collect and use an … Continue reading

Employees’ rights and obligations relating to the use of social media in France

The impact of the use of social media in the workplace has regularly given rise to controversies and debates as how this subject is to be handled by a company’s management. The current state of employment law is still not entirely settled in this respect. It is however possible to provide some guidance on the … Continue reading

Employees’ rights and obligations regarding the use of social media in the UK

The importance of a clear policy on employees’ use of social media  Whilst there is legislation which is relevant to the use of social media by employees in the UK, there is no legislation which specifically governs its use. Consequently, policies on the use of social media, both in and outside the workplace, are encouraged … Continue reading
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