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Luxembourg - Employee Monitoring

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Luxembourg - Employee Monitoring

1. Governing Texts

1.1. Legislation relevant to employee monitoring
1.2. Sector-specific legislation relevant to employee monitoring
1.3. Guidelines from supervisory authorities
1.4. Notable decisions, i.e. case law or decisions from supervisory authorities

2. Telephone

2.1. What are the rules for recording telephone conversations?
2.2. For which purposes may an employer carry out this type of monitoring?
2.3. Is prior notification/approval with the data protection authority required?
2.4. Is prior notification/approval/consultation from works' councils required?
2.5. Is consent required from employees? If so, how should consent be sought?
2.6. Is consent required from other parties to the call? If so, how should consent be sought?
2.7. Is there a legal requirement for employers to have a written policy in place governing telephone monitoring?
2.8. Are there any exemptions to the legal requirements which govern this type of monitoring?
2.9. What are the retention requirements applicable to data collected through telephone monitoring?

3. CCTV

3.1. What are the rules for CCTV surveillance?
3.2. For which purposes may an employer carry out this type of monitoring?
3.3. Is prior notification/approval with the data protection authority required?
3.4. Is prior notification/approval/consultation from works' councils required?
3.5. Is consent required from employees? If so, how should consent be sought?
3.6. Is there a legal requirement for employers to have a written policy in place governing CCTV surveillance?
3.7. Are there any exemptions?
3.8. What are the retention requirements applicable to data collected through CCTV surveillance?

4. Email

4.1. What are the rules regarding monitoring of employees' emails?
4.2. For which purposes may an employer carry out this type of monitoring?
4.3. Is prior notification/approval with the data protection authority required?
4.4. Is notification/approval/consultation with works' council required?
4.5. Is consent required from employees? If so, how should consent be sought?
4.6. Is there a legal requirement for employers to have a written policy in place governing email monitoring?
4.7. Are there any exemptions to the legal requirements which govern this type of monitoring?
4.8. What are the retention requirements applicable to data collected through email monitoring?

5. Biometrics

5.1. What are the rules regarding biometric monitoring?
5.2. For which purposes may an employer carry out this type of monitoring?
5.3. Is prior notification/approval with the data protection authority required?
5.4. Is notification/approval/consultation with works' council required?
5.5. Is consent required from employees? If so, how should consent be sought?
5.6. Is there a legal requirement for employers to have a written policy in place governing biometric monitoring?
5.7. Are there any exemptions to the legal requirements which govern this type of monitoring?
5.8. What are the retention requirements applicable to data collected for biometric monitoring?

6. Device Monitoring

6.1. What are the rules regarding company-owned device monitoring?
6.2. For which purposes may an employer carry out this type of monitoring?
6.3. Is prior notification/approval with the data protection authority required?
6.4. Is notification/approval/consultation with works' council required?
6.5. Is consent required from employees? If so, how should consent be sought?
6.6. Is there a legal requirement for employers to have a written policy in place governing company-owned device monitoring?
6.7. Are there any exemptions to the legal requirements which govern this type of monitoring?
6.8. What are the retention requirements applicable to data collected from the company-owned devices?

7. Covert Surveillance

8. Employees' Access Rights

9. Penalties

August 2024

1. Governing Texts

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About the authors

Emilia Fronczak

Loyens & Loeff

Emilia works in the field of dispute resolution, specialising mainly in data protection, IP and employment law. She also provides special expertise in EU law, private international law and life sciences. She regularly speaks at seminars and conferences and publishes in the areas of her expertise. Emilia taught EU private international law at the Université de la Lorraine (France) from 2012 to 2017. Prior to joining Loyens & Loeff, she was employed as a legal secretary at the European Court of Justice.

[email protected]

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Luxembourg - Employee Monitoring

Table of Contents

August 2024

1. Governing Texts

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August 2024

1. Governing Texts

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