Duty to provide information for decisions by AI to be tightened up
According to the parliamentary initiative of the Green Group of 15 June 2023, the nDSG should be amended in Art. 21bis nDSG.
We advise companies on all legal issues relating to contemporary working life. From the digitalisation of the application procedure and the maintenance of a digital personnel file to home office and mobile working to the use of digital management and control measures – we will put the digitalisation of your personnel department and employee management on a secure footing in terms of data protection and employment law.
We advise on the design of online or digital application procedures. What is allowed for a (potential) employer in e-recruiting, to what extent are background checks, active sourcing, profiling and the use of video and assessment tools allowed? Are applicant pools and skills databases allowed? We will assist you in making sure that your application procedures are compliant.
We also provide our clients with comprehensive advice on the processing of employee data: what do you need to consider? How and to what extent must employees be informed? May data be shared within corporations or with third parties? Under which conditions may companies publish pictures of employees?
We examine measures and tools that are used for the digitalised management and monitoring of employees and advise on the use of personnel management tools such as video surveillance, monitoring, time recording, wearables, company communication technology, fraud detection and much more.
The digitisation of personnel management requires an appropriate technical infrastructure to be established and operated. It is not unusual for software solutions or tools from external IT service providers to be integrated. We advise and support both IT service providers and employers in the preparation and negotiation of IT contracts, e.g. for software licences, software development, software maintenance and data protection agreements
We prepare the legal texts required for a digital working environment: from data protection information for applicants and employees, to participation and usage conditions, to the necessary declarations of consent and social media guidelines
New forms of work often entail consultation with the works council. We help to formulate meaningful works agreements and support both companies and works councils in negotiations
Intensive and comprehensive training is needed to ensure that companies comply with data protection regulations, especially in their capacity as employers towards their own employees. We provide specific training for employees in HR and personnel departments on the correct handling of employee data, provide information on data protection regulations and give concrete advice on implementation.