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🤔 Is this allowed? privacy editionSTRICT CONDITIONS

May my employer track my location?

Only with works-council consent, prior announcement, proportionality, and only during working hours. Outside working hours never without consent.

Last reviewed: 25 May 2026
Employee location tracking (GPS in company car, app on work phone, badge data) is not "self-evident" — strictly regulated under GDPR + Dutch Works Council Act. Four required conditions (AP enforcement policy): (1) Works-council consent required (WOR Art. 27(1)(k)) — without, decision is void. (2) Prior announcement in personnel handbook + employment contract. (3) Proportionality — least intrusive means. Only where necessary (e.g. logistics route planning), not "just in case". (4) Only during working hours — outside working hours tracking must automatically be OFF. Outside work = private. Examples ALLOWED: GPS company car during deliveries (logistics), badge access at entrance (security), limited zone monitoring for healthcare staff. Examples NOT allowed: 24/7 tracking, monitoring after hours or weekends, using location data during breaks, "we only check if something goes wrong" (no basis — now requires specific suspicion). On violation: immediately address works council + employer, then AP complaint. On termination based on unlawfully obtained monitoring data: cantonal judge — evidence unlawfully obtained + Bărbulescu jurisprudence. AP fines: 2024-2025 multiple cases against employers — typically €50k-€500k.

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