If an employee works remotely, it is also necessary to pay attention to personal data protection aspects.

There are two sides to this issue – on the one hand, the employer must protect the personal data of an employee working remotely, on the other hand, due diligence must be exercised to secure the data processed by the employee while performing work.

Ensuring an appropriate level of confidentiality

Regardless of whether employees work on equipment provided by the employer or on their own, such work involves additional risks for the employer. 

Therefore, the employer should select appropriate communication tools ensuring an appropriate level of confidentiality. The technical measures used by the employer should not violate employees’ right to privacy. 

The use of private equipment by employees must respect the confidentiality of information and other legally protected secrets, including business secrets or the protection of personal data.

Protection of data recorded on documents

Not all data recorded on documents are personal data within the meaning of the GDPR. However, this does not mean that such data is not protected at all. The obligation to maintain the confidentiality of information also results from other legal regulations. 

In the explanations of May 4, 2020, the Personal Data Protection Office indicated what obligations are imposed on the employer when ordering a job with the use of paper documentation. Performing these duties, in accordance with the guidelines, may involve additional financial costs by employees. The legal significance of such guidelines is debatable, employers try to adapt to them for fear of inspection and sanctions.

Private contact details of employees

The Personal Data Protection Office believes that the employer must have employees’ consent in order to contact them for business purposes. However, it is not justified by the applicable regulations. 

The purpose of processing the employee's contact details does not change. However, if the work is performed using a private email address or telephone number, obtaining the employee's consent will be necessary. 

More in the article by Dominika Dörre-Kolasa and Michalina Kaczmarczyk entitled "When deciding on a home office, employers must remember about the personal data protection", which appeared in Dziennik Gazeta Prawna (issue from September 4, 2020).