Auditors, lawyers, tax consultants and management consultants: Four perspectives. One solution. Worldwide. Find out …
We review your past and advise you on the implementation of future requirements and projects. Find out more!
Our clients entrust us with their most important legal matters. Learn more about our legal services!
Tax laws are complex and dynamic. We face the challenge of tax law together with you - find out more.
We support you with customised solutions so that your company can continue to operate successfully on the market in …
Shared service centers in SMEs: structure for greater efficiency
Pillar 2: Mandatory registration in the UK and discussions in the EU Parliament
Accounting vs. tax law: Why more coordination is needed
EU “Omnibus” Package: Less effort for sustainability reporting?
Baker Tilly starts the year 2025 with 23 new Directors
Challenges in corporate finance: Baker Tilly at Structured FINANCE 2024
Pay slips are purely information documents
Financing and funding: realignment in the coalition agreement
Labor and social law: What the new coalition agreement contains
Public procurement: Legally compliant procurement of cyber insurance
Countdown to September – The EU Data Act and its implications
Procurement law – legal framework for emergency procurements in the event of a cyberattack
Industry-specific knowledge is essential in order to create the best conditions for customised solutions. Find out …
Baker Tilly advises biotech startup Real Collagen GmbH investment by US investor
Energy study: Uncertainty slows down investments by industry and utilities in Germany
After ECJ ruling: Financial investors still have no direct access to medical care centers
Benefit from bundled interdisciplinary competencies, expert teams and individual solutions. Learn more!
Baker Tilly offers a wide range of individual and innovative consulting services. Find out more!
The employer is responsible for data processing by the works council. In complying with the requirements under data protection law, a guideline may be useful.
The works council comes into contact with sensitive data of the employees. Therefore, it is crucial for the works council to also comply with data protection requirements. The controlling and monitoring responsibility lies with the employer who must ensure that the works council knows and complies with all data protection requirements. The employer is liable for any violation of data protection regulations by the works council.
The basis of any control and monitoring obligation on the part of the employer is to make the works council aware of the requirements for handling personal data in compliance with data protection regulations. These requirements could be presented in the form of guidelines. Binding requirements from the employer to the works council can also be part of a (general) works agreement.
Is the works council the controller pursuant to GDPR?
It has been disputed for some time whether the works council, within the scope of ist activities, qualifies as controller for the data processing or if it is considered to be part of the primarily responsible employer. Such question has been clarified. Pursuant to Art. 79a sentence 2 BetrVG (German Works Constitution Act), the employer qualifies as controller for the processing of personal data to the extent the works council processes data in performance of its tasks.
Therefore, the employer is liable for any violation of data protection regulations by the works council with the exception that the works council is outside the scope of ist duties under the employment contract or a collective bargaining agreement (“Mitarbeiterexzess” or “Kollektivexzess”).
Overview of a guideline’s possible content
In internal guidelines, the employer can inform the works council about the general principles and requirements of data protection provisions and establish specific rules of conduct in everyday work. The guideline should include, among others, the following points:
The overview shows that the works council must observe a large number of data protection requirements in the course of its activities. The works council does not have a general right of co-determination on data protection issues that goes beyond the participation rights pursuant to Art. 80 BetrVG.
Sarah Busch
Senior Manager
Attorney-at-Law (Rechtsanwältin)
Marco Stahn
Director
Attorney-at-Law (Rechtsanwalt), Specialist Lawyer in Labor Law
Contact now
Contact us
View all news