Data protection at work
The law protects your personal data at work. Your employer can only process the types of your personal data that are necessary for your employment. Even consent given by the employee has no impact on this.
On this page, you’ll find answers to questions such as:
An employer may only process data necessary for the employment relationship. Health-related information may only be used for payroll purposes, to explain absences, or to assess work capacity. Read more.
Yes, if necessary for safety. Video surveillance must not target individual employees or social areas, and employees must always be informed of its use. Read more.
Not without a legal basis. A drug test can only be required if job duties require it or there is reasonable suspicion of drug use. The test is conducted by a healthcare professional. Read more.
Your employer can only request information from you directly. They can only request information about you from elsewhere with your permission.
Your employer has the right to process your health-related data only when necessary when:
- paying your wages for the duration of your sick leave
- determining why you have been absent from work
- you ask your employer for a health examination to determine your ability to work, or if you suspect or your employer suspects that you are not healthy or fit to work.
Your employer must store all information related to your health separate from other information in their possession. Your health information may only be processed at your workplace by individuals designated in advance, who are responsible for tasks such as paying your salary during sick leave.
Video surveillance
Your employer may use video surveillance if it is highly necessary for the safety of employees, customers or property.
Your employer must not use video surveillance to monitor a particular employee. Video surveillance may not be used to supervise break rooms, toilets and changing rooms, or office spaces.
Your employer must inform employees about video surveillance.
Alcohol and drug testing
Do not work under the influence of alcohol or other intoxicants.
Employers must plan preventive measures against substance abuse in the workplace together with staff representatives. Employers have no legal right to require a breathalyser or blood test if they suspect that you are working while intoxicated. You are also under no obligation to submit to such tests. However, your employer has the right to prevent and prohibit you from working if they suspect that your intoxication endangers workplace safety.
If your work involves safety risks, it is possible that there are procedures in place at your workplace for conducting breathalyser tests.
Your employer can only request a drug test certificate from you before you start work if the nature of the job justifies such a test. If you don’t produce a certificate or the result is positive, the employer may choose not to hire you.
During employment, your employer may only ask you to take a drug test if they have a justifiable reason to suspect that you are working under the influence of drugs or have an addiction. Only a healthcare professional can perform a drug test.
If a workplace does not require drug testing, a substance abuse prevention programme must be drafted. The programme is a plan according to which employees are guided to seek help with substance abuse.