GPS and worker monitoring in Slovakia: what you need to stay compliant

What you need

For each obligation we tell you whether it applies in this country: Yes means required, It depends means only in certain cases, No means not required.

• Discussion with the workers representatives on the scope, manner and duration of the monitoring, and prior information (Zakonnik prace art. 13 par. 4)

  It dependsonly in certain cases

  If the employer introduces a monitoring mechanism, it must discuss with the workers representatives the scope, manner and duration of the monitoring and inform the workers about it. The discussion with the representatives applies where they exist; the information to the workers always applies.

  Zakonnik prace (Codice del lavoro), art. 13 par. 4 (monitoraggio dei dipendenti)

• Ban on monitoring without serious reasons inherent in the nature of the business, without prior notice (art. 13 par. 4)

  Yesrequired

  The employer may not, without serious reasons inherent in the particular nature of its business, infringe the privacy of the worker by monitoring them without having given prior notice.

  Zakonnik prace (Codice del lavoro), art. 13 par. 4 (monitoraggio dei dipendenti)

• Prior authorisation from an authority before installation

  Nonot required

  No prior authorisation from the UOOU SR is needed; the controller acts under its own responsibility, with a DPIA where required, and the authority intervenes afterwards.

  UOOU SR (Garante slovacco), procedura di tutela

• Legal basis = legitimate interest (not consent); proportionate GPS, no monitoring during private use

  Yesrequired

  The employer may process the worker data without consent on the basis of its own legitimate interest; the monitoring must be proportionate in duration and must not take place during the private use of the vehicle.

  podnikajte.sk, monitoraggio dei veicoli aziendali e GDPR

• Impact assessment (DPIA) for systematic monitoring of employees, including GPS (UOOU SR list)

  Yesrequired

  The UOOU SR list of processing operations that require an impact assessment includes the systematic monitoring of employees, including GPS.

  UOOU SR (Garante slovacco), procedura di tutela

The procedure, step by step

1. 1

   Check for serious reasons inherent in the nature of your business that justify the monitoring.

2. 2

   Discuss with the workers representatives the scope, manner and duration of the monitoring, and inform the workers in advance.

3. 3

   Identify a valid legal basis (as a rule legitimate interest, not consent).

4. 4

   Carry out the impact assessment (DPIA) for systematic monitoring.

5. 5

   Configure the system in a proportionate way: no monitoring during the private use of the vehicle.

6. 6

   If you switch systems: when you change your monitoring system or software, update and re-issue the privacy notice, and check whether the national agreement or authorisation for remote monitoring needs renewing. The provider (data processor), the data collected and the methods often change: the one provided earlier is not enough.

Who to contact

What you risk

Sources

• Zakonnik prace (Codice del lavoro), art. 13 par. 4 (monitoraggio dei dipendenti)
• UOOU SR (Garante slovacco), procedura di tutela
• podnikajte.sk, monitoraggio dei veicoli aziendali e GDPR
• UOOU SR, presentare una proposta di avvio del procedimento (reclamo)
• Havel & Partners, rassegna sanzioni UOOU SR (caso HR psicodiagnostica 40.000 euro)
• Regolamento UE 2016/679 (GDPR)