Working from Home: This Is How Employers Can Monitor You
Workplace Monitoring: Borderlines of Legitimacy and Illegality
Let's face it, some employers think you're less productive when you work from home and resort to sneaky tactics to keep tabs on you. But what are the boundaries? The consumer advocacy magazine "Stiftung Warentest" (Issue 07/2025) sheds light on the issue.
Ways to Monitor Employees
- Login data: Employers are obligated to track work hours. At home, this might involve noting when you log in and out of the company network.
- Emails: Whether your employer can snoop on your emails depends on how their use is specified - say, in the employment contract. The key factor is whether you're allowed to use your email account privately. Monitoring is generally not permitted in this case. Employers are, however, allowed to check your business emails as long as they don't act like a creepy boss, constantly invading your space.
- Company chat: If your employer suspects you're skiving, they might peek at messenger programs, but only on occasion, and that's only if the private use of such services is expressly forbidden.
- Browser history: Whether private internet use is okay or not is crucial here. If employees are generally authorized to surf the web personally, your employer can only scrutinize your browser history if they have a hunch that you're often browsing non-work stuff during work hours. If private use is prohibited, they can nosey around in your history if there's suspicion of non-compliance - all without even asking you.
- Keyboard and mouse inputs: Software that spies on your keystrokes and mouse clicks is generally permissible only under strict circumstances. The use of keyloggers is usually allowed only when there's suspicion of a serious breach of duty or a crime being committed.
The Limitations
Employers must tread lightly when it comes to spying on you. In most cases, they can only act upon specific suspicions and might also need the approval of the works council if there is one.
Nevertheless, sticking to your employer's guidelines - for example, adhering to rules about using your work email account privately - is essential to avoid any trouble.
Key Takeaways
In Germany, employee monitoring, including at-home workers, is largely governed by data protection laws and employment regulations. Here are some essential points:
- Data Protection: Employers must comply with the General Data Protection Regulation (GDPR), which includes obtaining consent or having a valid reason to monitor, being transparent about data collection and usage, and implementing robust data protection measures.
- Works Constitution Act: Although there's no specific law, the Works Constitution Act provides guidance on workplace surveillance, requiring employers to consult with works councils before implementing significant changes, such as new monitoring practices, especially if they involve technology like AI.
- Transparency and Consent: Employers should make monitoring practices clear to employees and obtain their consent where necessary.
In summary, while there's no dedicated law on employee monitoring in home office settings in Germany, employers must comply with broader data protection and employment laws, ensuring transparency, consent, and respect for privacy when monitoring employees.
Employers in the workplace-wellness and health-and-science sectors should prioritize transparency and consent when implementing monitoring practices, as per the Works Constitution Act and GDPR regulations. To maintain a productive and supportive work environment, it's crucial for businesses to foster a culture of trust and respect for privacy, considering financial implications and adhering to employment contracts. Regularly reviewing and updating monitoring practices to align with these principles will promote a positive business image and contribute to wellness initiatives.
