Following the modification of the art. 4 of the Workers’ Statute by the “Jobs Act” (art. 23 of Legislative Decree nr. 151/2015) and with the entry into force of the GDPR, the topic of controls using new technologies has become even more delicate, given the need to balance employer interests with workers’ rights, including the right to privacy.
In order to assist customer companies in the installation of technological devices that respect the principles of labour law discipline, as well as legislation on privacy, the Firm provides assistance and advice:
- in drafting policies for the use of company IT tools;
- in the procedure aimed at the installation of audiovisual or geolocation systems, including the release of the necessary authorization by the Labour Inspectorate, or the conclusion of a trade-union agreement;
- in assessing the legitimacy of the control over workers’ access and attendance, in particular in the presence of systems for reading biometric data;
- in the implementation of the provisions of privacy law, in particular in the drafting of the information for employees and data subjects, as well as in the identification of the authorized persons and data processors and drafting of the related appointments;
- in the analysis of potential risks for the rights of the data subjects and in the drafting of an impact assessment pursuant to art. 35 GDPR;
- in evaluating the usability and relevance of the data collected, also in the pathological phase of the employment relationship (in close connection with the Business Area: Labour Law).
In carrying out the aforementioned activities, the Firm guarantees a constant update on the case history of the provisions issued in this matter by the Privacy Guarantor and the Labour Inspectorate, as well as on the most recent case law guidelines.