The employer's right to inspect employees' communication
made through their corporate e-mail account is a much-debated
issue. The Cassation Court has not defined this inspection's
boundaries yet. The Constitutional Court, which had already
examined this issue in two of its decisions, 1
reinforced its ever-evolving precedent, with its latest decision
dated 12 January 2021.
The Constitutional Court's Decision dated 24 March
2016
In line with the principles laid down in the European Court of
Human Rights' decision of Bărbulescu v Romaina,
the Constitutional Court specified four criteria for the
circumstances under which employers may inspect their
employees' communications: (i) presence of clear terms in the
employment agreement regarding the right to inspect; (ii) whether
the employees were informed about such terms; (iii) whether the
employer provided legitimate reasons to justify monitoring
communications and (iv) whether the interference is proportional to
such
