Even if some companies are reacting hesitantly, one thing is clear: In the future, time recording will be back on the agenda across the board. A large amount of personal data will be collected and processed in the process. This is where data protection law comes into play. Wherever personal data is collected and processed, various data protection aspects must be observ data protection perspective.
When the time clock moans with pleasure while punching… data protection perspective
Almost 40 years after the song by Geier Sturzflug, the time clock is probably more likely to be found in a museum than in modern companies. Instead, there is now a bewildering variety of ways to record working hours. Electronic devices are often found at the entrance to the workplace, dubai business fax list through which employees authenticate themselves upon arrival and departure, for example, using a token, card, or PIN , and simultaneously clock in and out. In times of home office, it is also possible for employees to log in via an app or web application and thus record their working hours. Time recording in Excel lists or on paper is still common practice.
In principle, the various time recording options can be implemented in compliance with data protection regulations, although it is still necessary to examine the respective system in detail. However, there is one important exception: Time recording devices that use biometric data , such as fingerprints or facial scans, are generally not permitted. This is because such biometric data is considered special categories of personal data under Art. 9 GDPR and can and may only be processed under very strict conditions. In any case, within the context of the employment relationship, there is no relevant legal basis that permits the processing of such sensitive data.
Data usage
A second point concerns the question: What exactly happens with the data collected?
The purpose limitation principle stipulates that data . May only be process for the purpose for which it was collected. This primarily concerns the recording of working hours. The employer should be able to verify and prove that employees comply with the working time regulations. In particular, key elements of seo include: this means that the maximum. Daily working hours are not exceed and that daily rest periods are observ. In addition to the Working Hours Act, other laws may also be relevant. For example, the Maternity Protection Act stipulates that pregnant and breastfeeding women are not permitted to work at nig
onfidentiality
When implementing a new time recording system, it is important to ensure that only a very limited group of people are allowed to access the time recording data: the responsible employees in the email data HR department and, if applicable, the relevant managers. Employees are, of course, also allowed to view their own data. However, no other people at the horizontal level are allowed to view the data.
Retention period
The question also arises as to how long the timesheets must be retained. There are currently no specific regulations on this. Specific requirements currently exist in Section. These have already required the recording of working hours for overtime and generally for certain industries. The records must be retained for two years. Since the time recording based on the Federal Labor Court’s decision is similar, a retention period of two years can also be used as a guideline here.