On January 6, 2015, the French data protection authority (CNIL) published a decision adopting a new Simplified Norm NS 47 that addresses the processing of personal data in connection with monitoring and recording employee telephone calls in the workplace.
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Employee Monitoring
Swiss DPA Issues Its 20th Annual Report
On June 28, 2013, the Swiss Federal Data Protection and Information Commissioner issued its annual report highlighting activities during the period from April 2012 to March 2013. This blog post provides an overview of information from the report that is relevant for international businesses with operations in Switzerland.
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French Data Protection Authority Rules on Keylogger Software
On March 20, 2013, the French Data Protection Authority issued guidance on keylogger software that enable employers to monitor the activities of an employee’s computer without the employee’s knowledge. …
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French Court of Cassation Excludes Application of Data Protection Act to Competition Authority’s Investigation
On November 30, 2011, the French Court of Cassation upheld a decision excluding the application of the French Data Protection Act to an investigation by the French Competition Authority.
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French Data Protection Authority Unveils 2010 Annual Activity Report
On November 16, 2011, the French Data Protection Authority published its Annual Activity Report for 2010. The Report highlights the CNIL’s major accomplishments from 2010 and its priorities for 2011, and includes recommendations for the revision of the EU data protection framework.
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French Court of Cassation Sanctions Company for Misuse of a Geolocation Device
On November 3, 2011, the French Court of Cassation upheld a decision against a company that used a geolocation device installed in a company car to track one of its employee’s working hours. …
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French Appeals Court Suspends U.S. Company’s Whistleblower Program
On September 23, 2011, a French Labor Court in Caen suspended a whistleblower program implemented by a U.S. company’s French affiliate despite the fact that the French Data Protection Authority had inspected and approved the program prior to implementation. …
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Israeli National Labor Court Severely Restricts Employee Monitoring
Legal consultant Dr. Omer Tene reports that last week, the Israeli National Labor Court issued an opinion requiring employers to set forth clear policies with respect to employee use of computers and communications systems in the workplace. The Court distinguished between the monitoring of business email accounts, personal email accounts and “mixed” email accounts, and expressed reservations concerning the validity of employee consent in the monitoring context.
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French Appeals Court Rejects Geolocation-Based Evidence in Employee Privacy Case
On September 14, 2010, a French Appeals Court in Dijon upheld a decision against an employer, rejecting evidence against an employee gleaned from a geolocation device embedded in the employee’s company car.
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German Government Moves on Draft Law Regarding Employee Data Protection
On August 25, 2010, the German government approved a draft law that would amend the German Federal Data Protection Act with respect to certain provisions regarding data protection in the employment context.
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