When an employer may monitor emails
Collective agreement no. 81 of the National Labour Council only allows monitoring of email and internet use for 4 purposes: preventing unlawful acts, protecting confidential business interests, the security and operation of the network, and compliance with the internal rules on internet and email. The monitoring must be proportionate to that purpose, and the employer informs the consultative bodies in advance, or otherwise the employees, and each employee concerned.
Exceptions
Identifying an individual employee is only allowed under the procedure of collective agreement no. 81: immediately for the first three purposes, and only after a prior warning when it concerns the internal rules. The Data Protection Authority does not accept the employee's consent as a basis for this monitoring.
What is the risk?
A breach of a generally binding collective agreement such as collective agreement no. 81 is a level 1 offence under Article 189 of the Social Criminal Code: an administrative fine of € 100 to € 1,000, per employee concerned.
What to do
Set out in the work rules or an ICT policy the purpose of the monitoring, who may carry it out, whether and how long you keep data and whether the monitoring is permanent. Inform the consultative bodies or the employees, and each employee, before you start.
Would you like an ICT policy that follows collective agreement no. 81?
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Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .