Monitoring Employees: Boundaries and Limits
In the digital age, the question of employee monitoring in home offices has become a topic of great interest. While the German consumer organization Stiftung Warentest is well-known for its evaluations of data protection and privacy aspects, a recent search did not yield direct information about the specific legal limits on employee monitoring in home offices according to Stiftung Warentest.
However, based on our understanding of German labor and data protection law, the legal limits on employee monitoring—whether in home offices or on-site—are primarily governed by the German Federal Data Protection Act (BDSG) in conjunction with the EU General Data Protection Regulation (GDPR). These regulations restrict monitoring to what is necessary, proportionate, and transparent.
Employees must be informed about the nature, extent, and purpose of any monitoring. Covert or continuous video or audio surveillance is generally prohibited without explicit consent or a legally justified reason. Monitoring should respect employee privacy rights, especially when working from home, as the home is considered a private sphere. Works Council involvement and agreements are often required for monitoring measures in companies with employee representation.
Recently, the magazine "Stiftung Warentest" (Issue 07/2025) has examined various monitoring methods and clarified how far employers can go in monitoring their employees. The guide emphasizes the need for employers to respect employees' privacy, especially during personal activities and private internet use. Employers are not typically allowed to monitor employees while they are doing personal activities such as doing laundry, running errands, watching a series, etc.
If the private use of messaging programs is explicitly prohibited, employers may inspect them on a random basis to ensure employees are not taking their working hours too lightly. However, if the use of messaging programs is not explicitly prohibited for private use, monitoring is usually not permitted.
The guide from Stiftung Warentest serves as a resource for both employees and employers to understand the legal boundaries of home office monitoring. It highlights the importance of individual cases with specific suspicion and need for employer action in home office monitoring. The magazine "Stiftung Warentest" does not permit excessive or continuous control by employers in monitoring their employees.
If you want precise Stiftung Warentest guidelines, I recommend consulting their official publications or website under topics related to employment law and digital monitoring. The guide from Stiftung Warentest provides valuable insights into the legal limits on employee monitoring in home offices, emphasizing the importance of respecting employee privacy rights and adhering to data protection regulations.
The guide from Stiftung Warentest, as outlined in their publication from Issue 07/2025, underscores the need for employers to adhere to community policy regarding employee privacy rights during vocational training sessions in home offices. Moreover, the magazine emphasizes that finance, technology, and business sectors must be mindful of the legal limits on intrusive monitoring, focusing on what is necessary, proportionate, and transparent according to the German Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (GDPR).
