Articles

Booklet: supervision at the workplace

Booklet: supervision at the workplace

Booklet: supervision at the workplace

17.12.2014

The Luxembourg Data Protection Commission (the « CNPD ») has published in September 2014, together with the Luxembourg Chamber of Employees(Chambre des salariés), a booklet on the supervision at the workplace.

On the one hand, the booklet deals with the two existing systems of supervision. According to article 2 (p) of the law of August 2, 2002 on the protection of persons with regard to the processing of personal data (the « DPA »), the term “supervision” (surveillance) is defined as “any activity which, carried out using technical instruments, consists of observing, collecting or recording in a non-occasional manner the personal data of one or more persons, concerning behaviour, movements, communications or the use of electronic computerised instruments”.

Articles 10 and 11 new of the DPA help to clarify the processing for supervision purposes (general system) and supervision at the workplace respectively. However, Articles 11 new refers to Article L.261-1 of the Employment Code. Therefore, processing for the purposes of supervision at the workplace is not dealt with anymore in the DPA further to Article 10 of the law of July 27, 2007 amending the DPA, but in Article L.261-1 of the Employment Code. According to this Article, processing for the purposes of supervision at the workplace is only possible if needed for:

  1. the security or the health of employees, or;
  2. the protection of the properties of the company, or;
  3. the control of the production process handled by machines, or;
  4. the temporary control of the production or the service of employees if this is the only way to ascertain the exact salary, or;
  5. the organisation of flexible working hours.

On the other hand, the booklet focuses on the various forms of supervision used at the workplace, such as, inter alia, (i) the video surveillance, (ii) the use of computing tools (e.g. check of the emails received and sent, logs of the websites visited), (iii) the recording of telephone conversations, (iv) the biometric identification systems, (v) the geolocation systems, (vi) the supervision of the working hours and the entrances of the building.

The booklet is available in French on the website of the CNPD on the following link: http://www.cnpd.public.lu/fr/actualites/national/2014/10/brochure-surveillance/index.html?highlight=La+surveillance+sur+le+lieu+de+travail

 

Click here to see a printable version of this article

All rights reserved. Care has been taken to ensure that the content of this e-bulletin is as accurate as possible. However the accuracy and completeness of the information in this e-bulletin, largely based upon third party sources, cannot be guaranteed. The materials contained in this e-bulletin have been prepared and provided by Stibbe for information purposes only. They do not constitute legal or other professional advice and readers should not act upon the information contained in this e-bulletin without consulting legal counsel. Consultation of this e-bulletin will not create an attorney-client relationship between Stibbe and the reader. The e-bulletin may be used only for personal use and all other uses are prohibited.

Team

Related news

02.07.2019 NL law
Debate night: HR Analytics: opportunity or threat?

Seminar - On 2 July 2019, Stibbe's Digital Economy Group will host a debate night in Amsterdam on the hot topic of HR analytics. During Stibbe's debate night, speakers from the world of business, politics, science and law will exchange views on HR analytics, how they can be used in practice, and their development in the context of employment and privacy law.

Read more

06.06.2019 BE law
TMT Roundtable: Getting a handle on software quality

Roundtable - Erik Valgaeren, TMT Partner at Stibbe Brussels, and his team organize a roundtable on software quality in our Brussels office on June 6th, 2019. Software quality is a recurring theme in many matters handled by our TMT team. Whether our assistance relates to preparing tender documents, contracting effectively, assessing proper performance or allocating ownership and accountability in challenging IT projects, questions concerning software quality always arise.

Read more

06.06.2019 NL law
Masterclass: Alcohol and drug testing in the workplace

Masterclass - Stibbe will host a masterclass entitled 'Alcohol and drug testing in the workplace' on 6 June in Amsterdam. During this masterclass, employment law expert Johan Zwemmer and privacy experts Frederiek Fernhout and Judica Krikke will discuss the Dutch Data Protection Authority's general prohibition of these tests and discuss whether and how employers should implement.

Read more

07.06.2019 BE law
Part three - GDPR and public law: To retroact or not?

Articles - Since the General Data Protection Regulation (“GDPR”) became applicable almost one year ago, multiple questions have arisen about its interaction with other fields of law. In this three-part blog series of “GDPR and public law”, we discuss three capita selecta of the interaction of GDPR with public law and government. In this blog we discuss the retroactive application of GDPR.

Read more

06.06.2019 NL law
Masterclass: Alcohol- en drugstesten op de werkvloer

Masterclass - Stibbe in Amsterdam organiseert op 6 juni de masterclass 'Alcohol- & drugstesten op de werkvloer'. Tijdens deze masterclass bespreken arbeidsrechtexpert Johan Zwemmer en privacydeskundigen Frederiek Fernhout en Judica Krikke het algemene verbod van de Autoriteit Persoonsgegevens op deze testen voor werkgevers en leggen zij onder meer uit hoe hiermee moet worden omgegaan.

Read more

Our website uses functional cookies for the functioning of the website and analytic cookies that enable us to generate aggregated visitor data. We also use other cookies, such as third party tracking cookies - please indicate whether you agree to the use of these other cookies:

Privacy – en cookieverklaring