Since the pandemic, the possibility of working from home is widely common in Germany. But apart from some laws regarding the different work environment: there are numerous laws and regulations that must be complied with, for example the Working Hours Act (ArbZG), the Occupational Health and Safety Act (ArbSchG) and the Workplace Ordinance (ArbStättV).
Apart from the external framework conditions of the work performance, the protection of the work object is also important. Germany takes data protection very seriously and has rigid data protection regulations.
Anyone who is allowed to work from home in Germany usually has to sign an agreement beforehand, in which the obligation to comply with data protection-compliant measures is postulated. However, this agreement rarely specifies how data is to be protected. So, it is worth a closer look about data protection measurements when working from home. I will therefore list the precautions that seem the most important to me:
1. do not leave any documents lying around openly in your home, but keep them in a lockable place, such as a cupboard or box. This will prevent unauthorized persons from gaining knowledge of sensitive information, business secrets or personal data.
2 .The same applies if you leave business documents or even your business laptop in your car while you go shopping / to the gym or to an appointment. Even if your car is locked, you are liable in the event of theft.
3. ensure secure data transmission by only using an encrypted WLAN / WIFI connection and never use a publicly accessible network such as in a shopping mall
or on the train. And secure your computer with a password. The same applies to external data carriers such as USB sticks.
4. do not pass on login information and passwords or leave them lying around.
5. only use work equipment such as notebooks, tablets and smartphones to complete business tasks. Private use, such as surfing the Internet, is generally prohibited and constitutes a violation of employment law.
6. do not make your devices available to unauthorized persons. This includes partners and family members!
7. have regular software updates carried out - this also applies to virus scanners.
8. only make phone calls in secure locations. The principle of confidentiality also applies to telephone calls / telephone video conferences. This also applies to listening in on friends or family members. 9. report the loss of data immediately. The same applies if you become aware of any irregularities regarding personal data.
10. also make sure you have an ergonomic workstation - quite a few employers feel obliged to check compliance with regulations as part of their duty of care for employees. This includes a desk and a desk chair with at least 5 legs (tilt-proof) so that both legs and arms are at right angles when sitting, and the monitor must not be placed directly in front of a window (risk of glare).
I publish interesting questions about German employment law judgements on this blog regularly. If you need special advice tailored upon your individual case, don't hesitate to get in contact with me.
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