Leistungsüberwachung am Arbeitsplatz

The lawful monitoring of employee performance at work depends on a complex interplay of domestic and EU data protection law. Despite the GDPR’s primacy of application, opening clauses require a differentiated reading of the GDPR, the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG), and sector-specific rules. The uncertain scope of national regulatory powers gives rise to rules that are not in line with Union law. At the same time, still vague or open-ended clauses of Union law further increase the demands on the lawful design of monitoring measures in employment relationships. This dissertation seeks to bring structure and clarity to this dynamic and contested field.