Is GPS monitoring of employees allowed?

In this day and age, it is becoming increasingly easy to locate people. It is easy to find out where the person is at any given time. Thanks to GPS in the company car or cell phone, it's child's play to see how long and where the employee is on the road. But is this even legal? Is the employer allowed to see what the employee is doing?

Sensitive personal data

Every place and every action are tied to a specific person. Therefore, it is personal data, which is particularly worthy of protection!

For example, anyone who carries a work cell phone in his or her pocket on the way home after work or while shopping is being monitored, especially in the private sphere. However, employee monitoring may only take place with the express consent of the person concerned, but also only if this takes place during working hours and only after certain requirements have been met.

This is allowed

GPS monitoring of employees, for example, is only permitted if it expressly agrees and operational requirements exist. Nevertheless, the employee's personal data, which is particularly worthy of protection, must be set against that of the employer. The employee must be informed precisely about the purpose of GPS monitoring in the consent. In addition, he should know which data will be used and how.

What can you do against unauthorized surveillance

Monitoring of employees, if legally secured, is permitted only and exclusively during working hours. The employer may not carry out GPS monitoring after the agreed, regular working hours, unless he fears a criminal offense. In this case, however, it must be established that he would not have had any milder, further means of conviction at his disposal. However, this is the only exception and should be discussed with a legal person beforehand. Permanent monitoring, whether by cell phone or in a company car, is in any case against the rules and violates personal rights (Basic Law Art. 2, https://dejure.org/gesetze/GG/2.html, Art. 4 DSGVO https://dsgvo-gesetz.de/art-4-dsgvo).