GDPR and Employee Monitoring What Employers Must Know

GDPR changed employee monitoring from an operational decision into a legal one. Under GDPR, employees are data subjects with enforceable rights.

Employers must establish a lawful basis for monitoring, such as legitimate interest, and prove that monitoring is necessary and proportionate. Convenience is not a lawful basis.

Transparency is mandatory. Employees must be informed about data collection, processing, retention, and their rights. Failure to document this information is a direct compliance violation.

Data minimization is another critical requirement. Collecting excessive data “just in case” is illegal under GDPR. Monitoring must be tightly scoped to business needs.

Non-compliance is expensive. Fines, legal action, and reputational damage often exceed the cost of implementing compliant monitoring systems correctly from the start.