No co-determination rights for works councils in data protection matters in Germany

Hesse Regional Labour Court: Works council has no right of co-determination in data protection

This topic is specific to German Labour law. We have therefore chosen to only provide a summary in English. If you would like to know more about this topic, please reach out and we would be happy to send more information.

The Hesse Regional Labour Court ruled that the works council only has a right of co-determination when it comes to the introduction of technical equipment for performance and behaviour monitoring. Compliance with and implementation of data protection requirements, on the other hand, is the sole responsibility of the employer.

Summary: In Germany, the works council does not have a right of co-determination insofar as the GDPR provides clear guidelines. These guidelines must not be deviated from, not even in works agreements.

If you would like to know more, please reach out to us (info@fox-on.com) and we’d be happy to provide more details in English.