Data protection in an employment context – monitoring employees working from home through monitoring software under the General Data Protection Regulation

Abstract

The thesis addresses practical and legal issues related to the monitoring of employees working from home through monitoring software against the background of the COVID-19 pandemic and the overall trend towards flexible work arrangements. Concerns arise in particular from the fact that the interference with the privacy of employees is potentially more intrusive in their own homes. Employers, on the other hand, have an increased interest in controlling employees working from home, as physical-visual monitoring by the supervisor is not possible. Based on relevant provisions of the GDPR and selected national implementations, the thesis examines to what extend such monitoring is permissible under data protection law. In particular, official guidelines and the relevant case law are used. The thesis is beneficial in providing legal insights into the complex data protection law issues arising from this topic.