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ARTICLE · 01 SEPTEMBER 2026

Monitoring Of Employees’ Work E-Mail Accounts: Unlawful Processing According To The Data Protection Authority

The Italian Data Protection Authority has ruled that an employer's systematic monitoring and retention of employee work email accounts constitutes unlawful data processing, imposing a substantial €460,000 fine. The case examines the boundaries between legitimate business interests and employee privacy rights, particularly regarding the confidentiality of work correspondence and the procedural requirements for workplace monitoring under Italian law.

ItalyEmployment and HR

MONITORING OF EMPLOYEES’ WORK E-MAIL ACCOUNTS: UNLAWFUL PROCESSING ACCORDING TO THE DATA PROTECTION AUTHORITY

With provision no. 476 of 18 June 2026, the Italian Data Protection Authority (i.e., Garante della Privacy) ruled on breaches of data protection legislation committed by an employer in relation to the management of employees’ work e-mail accounts, the retention of their data and the unlawful remote monitoring of employees.

According to the Authority:

  • a personalized work e-mail address (i.e., one assigned to a specific employee), as well as the content of the emails in that account, constitute the employee’s personal data, and, consequently, the guarantee of confidentiality of correspondence must be applied to work e-mails;

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