In the News

Van Den Bulck Quoted on Privacy Issues in EU Employee Monitoring Guide

July 7, 2017

A July 3 Bloomberg BNA story quoted McGuireWoods Brussels partner Paul Van den Bulck on updated guidance issued by EU data privacy regulators regarding employer processing of employee data. The changes take into account new workplace surveillance and data monitoring tools.

While the guidance is welcome, Van den Bulck told Bloomberg, details of rules governing employee privacy are decided on a national level in the individual EU member countries. The national-level rules and decision-making will not change under the EU's new privacy regime, the General Data Protection Regulation (GDPR), Van den Bulck said.

Even though the wide-ranging GDPR will go into effect across the EU on May 25, 2018, it will not standardize workplace privacy laws, he explained. Nevertheless, he said the guidance will be useful because it raises employee privacy issues that need to be considered by each country.

There typically is “a lot of tension between the legitimate interests of the employer and the privacy of the employee,” and the guidance gives input on resolving these tensions, Van den Bulck said.