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Employee Data Protection & Compliance

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Employee data protection is a compliance issue

Although processing of personal data of and by employees is ubiquitous in the world of employment, only little attention is paid to employee data protection. Sitting on the edge of labour law and data protection law, employee data protection is a legally complex matter and entails manifold risks. Only by observing the requirements of both legal fields employers can ensure the compliance with employee data protection. Violations can quickly lead to substantial administrative fines, claims for removal and compensation, internal conflicts with the workforce and the works council and damage the company’s reputation.

Know-how: We successfully guide you through the employee data protection trap

As experts in the fields of both labour law and data protection law, we help you designing your business, work processes and documents compliant with employee data protection and advise you fulfilling your duties in an appropriate manner. In our CMS Workshops for Employee Data Protection § Compliance, which we tailor to your needs, you will learn everything you need to know about employee data protection. Benefit from our long-time experience: We know the typical pitfalls, recurrent mistakes and problem areas in the implementation process – and not just since the GDPR came into force. 

We prepare you for employee data protection in the following areas:

  • Lawful processing of personal employee data within the company,
  • Use of personal employee data within a group of companies,
  • Rights and obligations under the GDPR and the Austrian Data Protection Act,
  • Employee data protection and employee monitoring: information and participation rights of the workforce, current case law, storage of applicant and employee data, legal employee monitoring, digital monitoring methods and whistleblowing,
  • Drafting of works agreements,
  • Under what circumstances may health data be processed and exchanged?
  • Which data protection regulations apply to the transfer of operations?
  • Lawful processing of personal data by your employees,
  • What are the rights and obligations of the works council?
  • Compulsory participation rights of the works council and other aspects of labour constitution law,
  • Appointment of a Data Protection Officer (DPO), and
  • What are the DPO’s rights and obligations regarding employee data protection? What are the rules governing cooperation with the works council?

If you want to know more about employee data protection or want to find out more detail about our service packages, please contact our experts Jens Winter and Dominik Stella.


Portrait of Jens Winter
Jens Winter


Man­aging home of­fice – HR nav­ig­at­ing through con­trol and pri­vacy
Em­ploy­ment Snack
CMS Em­ploy­ment Snack
Have you heard about the latest de­vel­op­ments in em­ploy­ment law? Mod­ern work­ing en­vir­on­ments are lead­ing to un­pre­ced­en­ted chal­lenges and the pan­dem­ic also con­ducts fre­quent and rap­id changes to la­bour law.   In our we­bin­ar series CMS Em­ploy­ment Snack – the name says it all – you can find out how to best deal with the nu­mer­ous em­ploy­ment law is­sues in ap­peal­ingly presen­ted and di­gest­ible por­tions. Our em­ploy­ment law ex­perts provide fre­quent in­form­a­tion here on everything you need to be aware of. We not only keep an eye on the leg­al situ­ation in Aus­tria but also on CEE jur­is­dic­tions.  The fol­low­ing epis­odes of our CMS Em­ploy­ment Snacks are cur­rently avail­able – we hope you en­joy listen­ing:
CMS Em­ploy­ment Snack Spe­cial: Man­aging home of­fice – HR nav­ig­at­ing through...
This we­bin­ar is the Aus­tri­an edi­tion of the three-part series "CMS Em­ploy­ment Snack Spe­cial: Man­aging home of­fice – HR nav­ig­at­ing through con­trol and pri­vacy". Here you can find the Slov­ak edi­tion and...