Q: Is employee monitoring legal?
A: Employee monitoring law varies depending on a country or state. In general, the answer is: yes, employee work monitoring on company’s electronic devices is legal.
Depending on the region, country, or state, employee monitoring legislation varies. However, there are common core principles if to compare every local legislation. In general, employers are allowed to monitor employees work on company’s electronic devices (like servers, desktops, laptops, smartphones, iPads, etc. that belong to the company).
Most of the local legislation requires getting a consent from employees in order for employers to begin computer monitoring. More about it you can read here: Legal Aspects of Using Employee Monitoring Software
Speaking on how well employee computer monitoring law is developed, USA is at the top of the list. Employee computer monitoring is highly demanded in the USA, and the monitoring legislation is the most complete in compare to other countries. European Union does not really offer any legislation specific to the topic; all decisions about computer monitoring are made based on the general law about personal privacy. Australia is one of the strictest about employee monitoring: employers have the right to monitor, but informing employees is mandatory, and workplace monitoring policies must be reviewed from time to time. Indonesian employee monitoring law is also very strict: employers have to obtain a permission to monitor. More details per country can be found here: Is Monitoring Legal? Information Per Country
|Country||Is it Legal to Monitor Company’s Computers?||Is it Legal to Monitor Emails & Messages Content?||Is Employee Consent Required?|
|USA||YES||YES||NO with Exceptions|
|Argentine||YES||YES with Limitations||YES|
|China||YES with Limitations||YES with Limitations||RECOMMENDED|
|Indonesia||YES with Limitations||YES with Limitations||YES|
Arab Emirates (UAE)
|YES with Limitations||YES with Limitations||YES|
This article provides general information only. This information is for general understanding only and not to be used as legal advice. To receive professional legal advice, please consult your lawyer.
By Employee Monitoring Software WorkTime www.worktime.com/worktime-corporate/