My employer exceeds monitoring limits — what now?
Employer monitoring requires works-council consent + proportionality + prior announcement (Dutch Works Council Act + GDPR). On violation: works council, union, AP, cantonal judge.
Employer monitoring is layered regulation — GDPR (Art. 5 basis + proportionality) + Dutch Works Council Act Art. 27(1)(k) (works-council consent) + ECHR Art. 8 (private life, Bărbulescu v Romania 2017). Examples of overstepping: 24/7 GPS tracking, email control without concrete suspicion, microphone-on-during-breaks, screenshots every 5 minutes, biometric check-in without basis, private-social-media surveillance. Four-step route: (1) Collect evidence — screenshots of policy, email correspondence, witness statements. (2) Discuss with works council — they can have decision declared void (no consent = no validity). (3) Engage union — FNV/CNV have lawyers who can act for you. (4) AP complaint for GDPR aspect (fine pressure on employer). (5) On termination based on unlawfully obtained monitoring data: cantonal judge — exclude evidence + nullify termination + damages. Bărbulescu protection: work phone/email also = right to private life. Unannounced monitoring = ECHR Art. 8 violation.
Step by step
Collect evidence
Screenshots of policy, monitoring software, conversation notes with manager.
Engage works council + union
Works council can void the decision. FNV/CNV lawyer free for members.
AP complaint for GDPR aspect
AP complaint generator — employer monitoring is AP priority.
On termination: cantonal judge
Exclude unlawfully obtained evidence + nullify termination + damages.
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