Leveraging GDPR: Claiming Damages for Data Protection Violations at Work
Potential Compensation for Violations of Data Privacy Regulations - Verdict: Reparation for Violation of Data Privacy Rights
Worried about your employer misusing your personal details? You might have a right to claim damages if they transfer your data within the company improperly. This is based on a ruling by Germany's Federal Labor Court regarding the handling of data for a cloud-based HR software test in Baden-Württemberg (8 AZR 209/21). The plaintiff earned €200, along with non-material damages for losing control of their personal data.
The case involved a company planning to adopt a unified HR information management system across the group using the Workday software. The employee's data from the previous software was passed on to the parent company for this purpose, as per a works agreement. Yet, the company disclosed more data than agreed upon—including salary information, date of birth, private address, tax ID, alongside start date, business phone number, and email address.
The employee sought €3,000 in damages, alleging the company had surpassed the limitations of the works agreement under the General Data Protection Regulation (GDPR). Lower courts in Baden-Württemberg dismissed the claim, but the Federal Labor Court referred the case to the European Court of Justice (ECJ). In the end, the plaintiff partly prevailed before Germany's highest labor court.
Key Terms
- Employer
- GDPR
- Data Protection
- Data Protection Breach
- Baden-Württemberg
While lawyers and courts may get lost in the legalese, it's essential that employees understand their rights when it comes to data protection. Employers must comply with the stringent GDPR guidelines, particularly with regard to the transfer and processing of personal employee data. This extends to both the GDPR and the Federal Data Protection Act (BDSG) requirements in Germany[1].
Understanding GDPR in Germany
- Legal Bases for Processing: Employers must have a valid legal basis to process employee data, such as consent, contractual obligation, legal obligation, or legitimate interests[1].
- Data Transfer and Protection Responsibilities: Employers as data controllers must ensure that data transfers (internal or to processors) adhere to GDPR. This includes monitoring and auditing obligations towards data processors to safeguard employee data[4].
- Consequences of Breaches: Employers risk substantial penalties if they violate GDPR by unlawfully transferring, processing, or failing to protect personal employee data[1][3]. Penalties can amount to up to €20 million or 4% of global turnover, whichever is more considerable.
- Reporting Obligations: In the event of a data breach, employers must report the incident to relevant data protection authorities within 72 hours and inform affected employees if necessary[5].
By implementing robust data protection policies and procedures and understanding your rights under GDPR, you can help safeguard your personal data and avoid any unnecessary financial or emotional distress.
- The employer in the case from Baden-Württemberg was held accountable for transmitted personal data exceeding the agreed limits under the General Data Protection Regulation (GDPR) and could face substantial penalties.
- Understanding the legal bases for processing employee data, such as consent, contractual obligation, or legitimate interests, is crucial for employers to comply with GDPR guidelines regarding the transfer and protection of personal data.
- Employees should agree with their employer on technology usage and vocational training programs that prioritize data protection, ensuring their personal information is not misused or mishandled in the workplace.
