CheckWorkRights (CWR)’s Post

Have 5 minutes to spare? This month's 5 in 5 covers some key developments relating to obligations to record working hours as well as focussing on data privacy. You can also find details of the first of or global expansion and operation webinar series. #employmentlaw #internationalemploymentlaw

📝 Anyone who has onboarded a new employee recently knows that the process requires a fair amount of paperwork, inclusive of several personal data disclosures. But recent attacks against large corporations make it more important than ever to consider your organisation’s Employee Data Privacy collection, storage and deletion practices. 🔒 Employee data privacy legislation can be confusing, so here's a quick guide to the basics. 👇

📰 Strelia Data protection & privacy at the workplace Series – August 2023 Edition ✒️ Stefanie Tack Julie Brohée 💡 In this edition of our Series, we analyze Decision no. 40/2023 of April 3, 2023 rendered by the Belgian Data Protection Authority. The DPA answers the question whether a former employee could access his personal data that can be found on a work mailbox, which the employee had used when he was working for his former employer. Click here to read our latest edition 👉 https://lnkd.in/eA2pKWJb #dataprotection #privacy #workplace #employment #employmentlaw #strelia #toptieronahumanscale

Four to does in light of recent UK case law on an employee's expectation of privacy, or lack thereof, in their social media posts, courtesy of Julia Wilson and Rob Marsh: 1. Ensure that your social media policies state clearly that employees should not have an expectation of privacy over content-sharing platforms, and highlight the risks of posts being subject to wider circulation or access.   2. Make it clear in your disciplinary and social media policies that disciplinary action may result from inappropriate conduct on social media.   3. Consider in each potential disciplinary case the platform that the evidence or content is coming from, how it came into your possession and what the individual's presence is on social media. Be more cautious with content from private messaging apps, or where evidence is obtained covertly.   4. Ensure that you have considered broader data privacy issues when conducting employee investigations, including completing a legitimate interests assessment or data protection impact assessment prior to commencing an investigation. https://lnkd.in/gz4H27ET

Understanding the California Employee Privacy Act: What Every Employee Should Know Have you ever wondered what rights you have when it comes to your privacy at work? The California Employee Privacy Act is designed to protect employees like you, ensuring your personal information is handled with care and respect. What is the California Employee Privacy […]

On May 15, 2024, the Office of the Data Protection Commissioner delivered a decision regarding the post-employment use of videos featuring former employees. Here's why this decision deserves a closer look: 𝐂𝐚𝐬𝐞 𝐁𝐚𝐜𝐤𝐠𝐫𝐨𝐮𝐧𝐝 The complainant alleged unauthorized use of his image in a video post-resignation. Initially created for marketing purposes during his employment, the video continued to be used by the employer even after his resignation. ⚖️ 𝑻𝒉𝒆 𝑫𝒆𝒄𝒊𝒔𝒊𝒐𝒏 The ODPC determined that the employer failed to obtain the complainant’s consent for continued use of their image after separation from employment. Consequently, this was deemed commercial exploitation of the complainant's image and awarded KES 500,000 to the complainant. 🚩 𝑷𝒓𝒐𝒃𝒍𝒆𝒎𝒔 𝒘𝒊𝒕𝒉 𝒕𝒉𝒆 𝑫𝒆𝒄𝒊𝒔𝒊𝒐𝒏 While the decision rightfully focuses on data subjects’ rights, it failed to take into account the employment context under the "𝒘𝒐𝒓𝒌 𝒅𝒐𝒏𝒆 𝒇𝒐𝒓 𝒉𝒊𝒓𝒆"  principle in this particular case.Had the ODPC considered the following aspects, a different conclusion might have been reached: 🔑 𝙒𝙤𝙧𝙠 𝘿𝙤𝙣𝙚 𝙛𝙤𝙧 𝙃𝙞𝙧𝙚 𝘾𝙤𝙣𝙘𝙚𝙥𝙩 This principle dictates that work created within the scope of employment belongs to the employer, unless otherwise agreed. 𝘐𝘯 𝘦𝘮𝘱𝘭𝘰𝘺𝘮𝘦𝘯𝘵 𝘤𝘰𝘯𝘵𝘦𝘹𝘵𝘴, 𝘪𝘧 𝘦𝘮𝘱𝘭𝘰𝘺𝘦𝘦𝘴' 𝘷𝘪𝘥𝘦𝘰𝘴 𝘰𝘳 𝘪𝘮𝘢𝘨𝘦𝘴 𝘸𝘦𝘳𝘦 𝘶𝘴𝘦𝘥 𝘥𝘶𝘳𝘪𝘯𝘨 𝘵𝘩𝘦𝘪𝘳 𝘵𝘦𝘯𝘶𝘳𝘦 𝘧𝘰𝘳 𝘭𝘦𝘨𝘪𝘵𝘪𝘮𝘢𝘵𝘦 𝘣𝘶𝘴𝘪𝘯𝘦𝘴𝘴 𝘱𝘶𝘳𝘱𝘰𝘴𝘦𝘴 𝘢𝘯𝘥 𝘢𝘭𝘪𝘨𝘯𝘦𝘥 𝘸𝘪𝘵𝘩 𝘵𝘩𝘦𝘪𝘳 𝘫𝘰𝘣 𝘳𝘰𝘭𝘦𝘴, 𝘵𝘩𝘦𝘺 𝘮𝘢𝘺 𝘯𝘰𝘵 𝘤𝘭𝘢𝘪𝘮 𝘦𝘹𝘱𝘭𝘰𝘪𝘵𝘢𝘵𝘪𝘰𝘯 𝘪𝘧 𝘵𝘩𝘦𝘴𝘦 𝘮𝘢𝘵𝘦𝘳𝘪𝘢𝘭𝘴 𝘢𝘳𝘦 𝘶𝘴𝘦𝘥 𝘱𝘰𝘴𝘵-𝘦𝘮𝘱𝘭𝘰𝘺𝘮𝘦𝘯𝘵. 𝘏𝘰𝘸𝘦𝘷𝘦𝘳, 𝘪𝘧 𝘵𝘩𝘦 𝘶𝘴𝘦 𝘦𝘹𝘵𝘦𝘯𝘥𝘴 𝘣𝘦𝘺𝘰𝘯𝘥 𝘢𝘨𝘳𝘦𝘦𝘥 employment 𝘵𝘦𝘳𝘮𝘴, 𝘦𝘮𝘱𝘭𝘰𝘺𝘦𝘦𝘴 𝘳𝘦𝘵𝘢𝘪𝘯 𝘳𝘪𝘨𝘩𝘵𝘴. ❗However, valid claims may arise if: 𝑇ℎ𝑒 𝑣𝑖𝑑𝑒𝑜 𝑖𝑠 𝑢𝑡𝑖𝑙𝑖𝑧𝑒𝑑 𝑏𝑒𝑦𝑜𝑛𝑑 𝑎𝑔𝑟𝑒𝑒𝑑 𝑝𝑢𝑟𝑝𝑜𝑠𝑒𝑠 𝑇ℎ𝑒 𝑣𝑖𝑑𝑒𝑜 𝑖𝑠 𝑒𝑚𝑝𝑙𝑜𝑦𝑒𝑑 𝑓𝑜𝑟 𝑐𝑜𝑚𝑚𝑒𝑟𝑐𝑖𝑎𝑙 𝑔𝑎𝑖𝑛 𝑏𝑒𝑦𝑜𝑛𝑑 𝑎𝑔𝑟𝑒𝑒𝑑 𝑡𝑒𝑟𝑚𝑠 Otherwise, employers will be compelled to adopt practices that are not commercially viable, leading to significant legal and operational complications. Employees' legal recourse depends on whether the usage of their image or video aligns with 𝐩𝐫𝐢𝐨𝐫 𝐜𝐨𝐧𝐬𝐞𝐧𝐭 𝐚𝐧𝐝 𝐣𝐨𝐛 𝐞𝐱𝐩𝐞𝐜𝐭𝐚𝐭𝐢𝐨𝐧𝐬. This balance is key to protect employees' rights as data subjects while respecting employers' business needs and practicalities. Employees who consented to their video or image being used while employed can request removal after leaving by sending a cease and desist letter. This process respects their rights to control their personal data, ensuring their privacy is maintained. 📘Every case tells a story. For precedents that shape the narratives of justice, follow my page, share my posts, and feel free to inbox me for engaging discussions See attached copy of the judgement.

📌 Employer Bulletin: Reasonable Expectation of Privacy in the Workplace Last month, a decision from the Supreme Court of Canada was released that provides clarity on the reasonable expectation of privacy in the workplace. ...So, how does this impact you? 🤔 For #CanadianEmployers, this means 👇 ➡️ Employee privacy in the workplace depends on the situation. Company policies, training, and how they monitor your work (especially emails) can all affect your level of privacy. ➡️ Your company's needs are weighed against employee privacy. For example, if your company handles sensitive information, you might need to monitor things more closely. This might limit employee privacy, but it also helps keep everyone safe. ➡️ You should communicate privacy expectations to employees. As an employer, you should review your needs and make clear policies about privacy, provide training on those policies, and clearly communicate privacy expectations to your employees to ensure everyone's on the same page. Questions about what reasonable privacy looks like in your workplace? Reach out! We’re just an email away & would be happy to help: [email protected] #CanadianBusinesses #CanadianCompanies #EmploymentLaw #EmployerBulletin #PrivacyInTheWorkplace #EmployeePrivacy

Black Tie season is going to arrive soon. But what about the #HR practice of Black-Listing? 😱 If you would like to know, not just from a data privacy perspective, read the blog post by our Berlin partner Tobias Grambow. 👇🏻 #employmentlaw BUSE

What if we told you that 76% of job seekers say that workplace #diversity is important in their job search? That’s a lot of potential candidates you might miss out on if you don’t focus on diversity. Other benefits of a diverse workplace include: - a reduction in staff turnover - increased innovation - improved problem-solving skills. Although striving for a diverse workforce is important for workplace diversity, it’s not the most important thing. You need to truly value the diversity of your employees. Everyone needs to feel welcome and that they are treated fairly. No matter what their background is, all employees must be treated the same and have equal opportunities. What are ways in which you (and your company) try to improve workplace diversity?

What if we told you that 76% of job seekers say that workplace #diversity is important in their job search? That’s a lot of potential candidates you might miss out on if you don’t focus on diversity. Other benefits of a diverse workplace include: - a reduction in staff turnover - increased innovation - improved problem-solving skills. Although striving for a diverse workforce is important for workplace diversity, it’s not the most important thing. You need to truly value the diversity of your employees. Everyone needs to feel welcome and that they are treated fairly. No matter what their background is, all employees must be treated the same and have equal opportunities. What are ways in which you (and your company) try to improve workplace diversity?