LuxembourgLabour Code Article L.261-1, Monitoring of Employees and Personal Data in the Employment Relationship
Code du travail, Art. L.261-1 (Titre VI, loi du 1er août 2018)
In force since .
A comprehensive regime rule binding private bodies.
- Obligation class
- Disclosure, Consent, Governance
As of .
What it requires
- If you monitor employees through the processing of personal data, do so only in the cases of General Data Protection Regulation (GDPR) Article 6(1)(a) to (f) and in accordance with Labour Code Article L.261-1 (paragraph 1).
- Before the monitoring starts, inform the joint committee or, failing it, the staff delegation or, failing that, the Labour and Mines Inspectorate, or for statutory staff the staff representation bodies, with a detailed description of the purpose, the way the system works and any retention period or criteria, and give a formal commitment not to use the data for another purpose (Article L.261-1, paragraph 2).
- Where the monitoring serves safety and health needs, production or performance control that is the only means to determine exact pay, or flexible working hours, apply Articles L.211-8, L.414-9 and L.423-1 unless the processing meets a legal obligation (Article L.261-1, paragraph 3).
- Do not treat an employee's complaint to the Commission nationale pour la protection des données as a serious or legitimate ground for dismissal (Article L.261-1, paragraph 5).
Who enforces it
Enforcement body
Commission nationale pour la protection des données (CNPD), the authority employees may complain to under Labour Code Article L.261-1 and whose prior opinion staff may seek on a monitoring project.
What this law does
An employer may process personal data to monitor employees in the employment relationship only in the cases of General Data Protection Regulation (GDPR) Article 6(1)(a) to (f) and in accordance with the article.
The employer must first inform the joint committee or, failing it, the staff delegation or, failing that, the Labour and Mines Inspectorate, and for statutory staff the staff representation bodies, with a detailed description of the purpose, how the system works, any retention period or criteria and a formal commitment not to use the data for another purpose.
Where the monitoring serves safety and health needs, production or performance control that is the only means to determine exact pay, or flexible working hours, Articles L.211-8, L.414-9 and L.423-1 apply unless a legal obligation requires the processing.
The staff delegation or, failing it, the employees concerned may within fifteen days of the prior information ask the Commission nationale pour la protection des données for an opinion on the project, which suspends the project during the month the Commission has to reply. Employees may complain to the Commission, and a complaint is neither a serious nor a legitimate ground for dismissal.
When LexLint raises it
When your app profile says your app records calls, records text chat, processes biometric data or processes voice recordings.