In recent years, the delicate balance between companies’ organizational needs and the protection of workers’ fundamental rights, particularly the right to privacy, has become increasingly central.

The growing digitalization of business activities has led many companies to adopt technological tools that, if not properly managed, may turn into unlawful means of employee surveillance.

Current legislation sets out clear and stringent rules. Article 4 of the Workers’ Statute (Law No. 300/1970), the European General Data Protection Regulation (Regulation EU 2016/679 – GDPR), and the Italian Privacy Code (Legislative Decree 196/2003, as amended by Legislative Decree 101/2018) define the conditions under which employee monitoring is permissible, clearly distinguishing between lawful practices and privacy violations.

The core principle is that any form of direct or indirect monitoring must be justified by organizational, production, security, or asset protection needs.

Moreover, such monitoring must respect the worker’s dignity and may only be carried out after providing adequate information about the processing of personal data.

In certain cases, an agreement with trade unions or authorization from the Labour Inspectorate is also required.

Permissible practices include, for example, access monitoring via badges, the use of productivity management software, and oversight of company devices for security purposes. However, it is essential that these tools are used proportionally, avoiding any form of extensive or continuous data collection.

The law explicitly prohibits covert, systematic, or generalized monitoring.

It is not permissible, for instance, to read employees’ emails without prior notice and a valid legal basis, install tracking software without proper authorization, retain data beyond the statutory time limits, or use seemingly neutral tools that covertly allow remote monitoring.

Companies that fail to comply with these regulations may face significant consequences.

The Italian Data Protection Authority (Garante) may impose hefty administrative fines. Additionally, companies risk reputational damage and potential legal disputes with employees, who may seek compensation for violations of their rights.

To avoid such risks, every employer must implement a privacy management system that is compliant and up to date. This entails:

– Providing workers with clear and detailed privacy notices;
– Establishing company policies for the use of digital tools;
– Assessing the need for union agreements or Labour Inspectorate authorization;
– Providing regular staff training;
– Strictly applying the principles of data minimization, transparency, and proportionality.

In conclusion, employee monitoring is not prohibited, but it must be justified, proportionate, and strictly compliant with current legislation.

The law firm remains available for any further clarification.