Labour Law and Protection | HEUSER RECHT UND STEUERN
Data
Storage and
Protection
The Federal Data Protection Act protects
the collection, processing and the use
of personal data within an employment
relationship. Personal data are generally
any data which are employee-related -
name, gender, religion, marital status,
sick leaves etc. While data collection
is allowed with the consent of the
employee, the main issue is which data
are collectable without his consent. The
employee’s permission is not necessary
if the data collection serves the purpose
to fulfi l the employment contract. Taking
this principle into account, the data
may be stored without the employee’s
permission are absences and sick
leaves, gender and marital status. In
2017 the European Union has decided
to strengthen the data protection. The
DSGVO entered into force in May 2018. TUPE
Especially the TUPE (Transfer of Undertakings
Protection of Employment)
regulations have an impact on investments.
The sale of a shop or a production plant
or a business involve certain termination
protection issues. Basically, the workers
and employees have the right to continue
their employment with the new owner of
the shop or the business for one year. The
TUPE regulations prohibit the employer’s
right to terminate individual employments
with the reason of the business transfer
or related issues. In addition, the former
employer is also liable for employment
issues related to the transfer.
Although TUPE infl uences business
decisions, the regulations were made
for special situations only. A thorough
analysis of the business may lead to a
diff erent approach.
06 • www.heuser.de