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.
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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