Employers In Germany May Now Be Able To Check Browsing History Of Work Computers

In certain circumstances an employer is entitled to analyse the browsing history of the work computer used by the employee without a need for the employee’s consent. This was made clear in a recent ruling of the Regional Labour Court (Landesarbeitsgericht – LAG) of Berlin-Brandenburg (judgment of January, 14 2016 – 5 Sa 657/15).

Facts of the Case

The employer had provided the employee with a work computer. The employee was allowed to use the Internet in a private capacity only in exceptional cases and during break times.

After evidence emerged of a substantial private use of the Internet by the employee, the employer checked the browsing history of the work computer without the employee’s consent. He discovered that the employee had exceeded his permissible private use of the Internet by a total of about five days within a period of 30 working days.