Voter lists, handover, etc.: Data protection topics that come up during works council elections
The German works council elections are due to take place again in 2026. Personal data will be processed in many areas, such as the electoral register, communication with eligible voters and the handover to the new works council. To ensure that everything runs in accordance with data protection regulations, you should pay particular attention to the following points:
Only make the electoral register accessible to authorised persons
The electoral register contains employee personal data. This data may only be viewed by persons who need it to conduct the election.
Only collect necessary data
The name, date of birth and, if applicable, department or place of work are required to create the electoral register. Other information such as personnel number, telephone number or private address is not required for this purpose and may therefore not be processed.
Transfer data securely
The electoral register is handed over by the employer to the election committee. Important: Please do not simply send it via unprotected email. Instead, use a secure transmission method, such as a password-protected file or an internal drive with restricted access.
Clearly regulate and limit access rights
Whether digital or on paper, it should be clear who is allowed to access which documents and when. This rule applies both before and after the election.
After the election: check data access permissions
After the election, access rights to inboxes, files or tools often change. Ensure that only the most necessary information remains accessible. Data that is no longer needed must be deleted or archived in accordance with data protection regulations before new access rights are assigned.Clearly assign responsibilities
The election committee is responsible for processing the data in the context of the election. The employer must provide the necessary data and ensure that it is transferred in accordance with data protection regulations. Important: Even if the election committee works independently, the employer can be held jointly responsible for data protection violations. A clear distribution of tasks is therefore essential.
Summary:
The German works council elections also include data protection responsibilities. By assessing early on what is really needed, clearly regulating access rights and preparing well for the handover, you can be sure that you are on the safe side when it comes to data protection.
By the way, after the election, there are often new works council members in office, and with their mandate comes personal responsibility for data protection. We are happy to provide support with training courses specifically designed to ensure that works council work complies with data protection regulations.