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CMS Employment Snack Special: Managing home office – HR navigating through control and privacy

Key contact

Daniela Krömer
Daniela Krömer
Attorney-at-Law for Labour Law and EU Law
T +43 1 40443 2950
Jens Winter
Jens Winter
Attorney-at-law for employment law
T +43 1 40443 4450
Giti Said
Giti Said
Associate for TMC - Technology, Media & Communications
T +43 1 40443 2450
Sinan Abra

With the rise of home office and flexible working schemes, HR is increasingly confronted with a new set of challenges: how to control work-related behaviour, how to ensure compliance with labour law standards and how to measure productivity remotely? While good leaders manage to keep an eye on their employees’ productivity without their physical presence and had done so even before the current pandemic, others turn to advanced IT-systems, some going as far as de facto introducing the algorithmic boss, as a tempting solution. But these systems do touch upon employees’ privacy, human dignity and, of course, general data protection issues and need to be handled with care.

In this CMS Employment Snack Special, our labour law experts and our data protection specialists will navigate you through these HR challenges of remote work, balancing the need to control with the employees’ right to privacy.


Video in German

  • Measurement of the body temperature
  • Which data may or may not be processed by an employer – the COVID-19 case study
  • Transfer of data to affiliated companies
  • Control of work-related behaviour/work results (both employment and data protection issues to be covered)
  • Tracking of attendance, activity, working time, time spent on certain tasks


  • Labour Code Amendment brings changes in home office and remote work.
  • Considerations for internal controls in a remote work environment
  • Processing the employees’ personal data during the Covid-19 pandemic