GV010Worker representative engagement

The involvement of the body representing the workforce in the design of the program, as distinct from any instrument deployed under it.

Pillar: GV | Governance and mandate
Sources cited: 25
Added: 30 AUGUST 2026
Updated: 5 OCTOBER 2026

Control	Jurisdiction	Source	What it establishes	Prerequisite or recommendation
GV010/ATMandatory	Austria	Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026	That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot.	The works council does not consent to a control measure as a step before it, but as the condition of its legal effect. What brings a measure inside the requirement is whether it touches human dignity.
GV010/BEMandatory	Belgium	Convention collective de travail n° 81 du 26 avril 2002Conseil national du Travail · read 29 Aug 2026	Four purposes for which network communication data may be monitored, collection in the aggregate rather than by name, and individualization as a separate operation with conditions of its own.	The works council is informed on every aspect of the monitoring before the system is installed, and failing a works council the prevention committee, then the union delegation, then the workers.
GV010/HRMandatory	Croatia	Zakon o radu, članci 29, 150, 151, and 153Hrvatski sabor · read 5 Oct 2026Zakon o zaštiti prijavitelja nepravilnosti, članci 19 to 22Hrvatski sabor · read 5 Oct 2026Zakon o zaštiti na radu, članak 43Hrvatski sabor · read 5 Oct 2026	That workers’ personal data are collected, processed, used, and transmitted only where a law provides or where needed for the rights and obligations of the employment, that the employer sets out in advance in the work rules which data and for what purpose, that an employer with at least twenty workers appoints a person trusted by the workers to oversee that processing, that the employer consults the works council before an important decision, the introduction of new technology among them, and that a decision on collecting, processing, using, and transmitting data on the worker, and on appointing the overseeing person, needs the works council’s prior consent, replaceable by a court or arbitration decision.	A decision on collecting, processing, using, and transmitting data on the worker is taken only with the works council’s prior consent, silence for eight days counting as consent, a refusal being reasoned in writing and replaceable by a court or arbitration decision on request within fifteen days; the introduction of new technology and changes in the organization and manner of work are consulted with the council beforehand, and a decision taken without the consultation is void; where no council exists the union representative holds its rights. Surveillance devices that follow all the worker’s movements throughout working time, or keep workers in view throughout work, are used only on the works council’s prior consent, a refusal being replaceable by arbitration on request within 15 days. The confidential person for internal reports and the deputy are appointed on the proposal of the works council or the union representative holding its rights, or of at least 20 % of the workers, and dismissed without delay on their proposal.
GV010/FIMandatory	Finland	Laki yksityisyyden suojasta työelämässä (759/2004)Parliament of Finland · read 29 Aug 2026	One act for the whole subject, holding processing to what is directly necessary, naming the conditions for cameras and for opening the employer’s electronic mail, and putting technical monitoring through a cooperation procedure before it is introduced.	Camera surveillance, access control, other technical monitoring, and the use of electronic mail and the network go through the cooperation procedure before the employer decides. Where the cooperation acts do not apply, the employees or their representatives are heard first.
GV010/FRMandatory	France	Code du travail, articles L1121-1, L1222-4, and L2312-38République française · read 16 Aug 2026	Consultation of the social and economic committee before the decision, prior knowledge for the worker, and proportionality to the task.	The body brought in is the social and economic committee, informed and consulted before the decision, and informed again before automated personnel management processing is introduced.
GV010/DEMandatory	Germany	Betriebsverfassungsgesetz, section 87(1)(6)Bundestag · read 16 Aug 2026	Co-determination by the works council over the introduction and the use of technical devices intended to monitor conduct or performance.	The body brought in is the works council, and its role is co-determination rather than consultation: the employer cannot proceed over its objection.
GV010/GRMandatory	Greece	Νόμος 1767/1988, άρθρο 13Βουλή των Ελλήνων · read 5 Oct 2026	That the employer informs the works council, before applying the decision, of the introduction of new technology, among other matters, and provides the council with any information it asks on the matters of article 12.	The employer informs the works council, before applying the decision, of the introduction of new technology; no Greek statute located requires consultation or agreement of worker representatives before monitoring is introduced.
GV010/HUMandatory	Hungary	2012. évi I. törvény a munka törvénykönyvéről, 264. §Országgyűlés · read 5 Oct 2026	That the employer seeks the works council’s opinion at least fifteen days before deciding on draft measures and policies affecting a larger group of employees, and that the processing and protection of employees’ personal data and the use of technical means to check the employee are such measures.	At least fifteen days before deciding, the employer seeks the works council’s opinion on draft measures and policies affecting a larger group of employees, among them the processing and protection of employees’ personal data and the use of technical means to check the employee; the section gives an opinion right and does not make the measure depend on agreement.
GV010/ITMandatory	Italy	Legge 20 maggio 1970, n. 300, article 4Parliament of Italy · read 11 Aug 2026	That an instrument from which remote monitoring may follow is permitted only for stated purposes, and only after a union agreement or an authorization.	The body brought in is the union representation; its agreement, or failing it an authorization from the labour inspectorate, is the condition on which an instrument from which remote monitoring of workers may follow is installed, for organizational and production requirements, workplace safety, or the protection of company assets. The tools the worker uses to perform the work and the registration of attendance and access are exempt from it under the article’s second paragraph.
GV010/LUMandatory	Luxembourg	Code du travail, articles L.261-1 and L.261-2Chambre des Députés · read 5 Oct 2026	That processing for the surveillance of employees rests only on one of the bases of article 6(1)(a) to (f) of the Regulation, that the representation of the staff is informed collectively beforehand of the purpose, the modalities, the retention, and a formal undertaking not to use the data for another purpose, that the délégation, or failing it the employees, may within 15 days ask the CNPD for a prior opinion with suspensive effect, the CNPD ruling within one month, that for three purposes articles L.211-8 and L.414-9 apply, that a complaint to the CNPD is neither a grave nor a legitimate ground of dismissal, and that breach is a criminal offence.	Before surveillance is introduced the délégation du personnel, or failing one the Inspection du travail et des mines, is informed collectively of the purpose in detail, the modalities of the system, the retention period or criteria, and the formal undertaking not to use the data otherwise; within 15 days the délégation, or failing it the employees concerned, may ask the CNPD for a prior opinion on the project, which suspends it until the CNPD rules within one month; where the surveillance serves health and safety, control of production or performance as the only means of fixing exact pay, or flexible working hours, articles L.211-8 and L.414-9 apply.
GV010/NLMandatory	Netherlands	Wet op de ondernemingsraden, article 27(1)(l)Staten-Generaal · read 16 Aug 2026	Consent of the works council for an arrangement directed at or merely suitable for observing presence, conduct, or performance.	The body brought in is the works council, and its consent is required for the arrangement itself, not only for the instrument under it.
GV010/NOMandatory	Norway	Arbeidsmiljøloven, sections 9-1 and 9-2Storting · read 29 Aug 2026	That a control measure needs objective grounds in the undertaking and must not be a disproportionate burden, and that it is discussed with the elected representatives, notified with its expected duration, and evaluated with them at intervals.	The need for the measure, its design, its implementation, and any material change to it are discussed with the elected representatives as early as possible.
GV010/PLMandatory	Poland	Kodeks pracy, article 22(2)Sejm of the Republic of Poland · read 20 Sep 2026	That image recording at work is open for four purposes only, one of them keeping secret information whose disclosure could harm the employer, that its purposes, scope and manner are fixed in the collective agreement, the work regulations or an announcement, that it is notified two weeks before it starts and handed to each worker before they are admitted to work, and that recordings are kept three months.	Rooms made available to the workplace trade union organisation are outside the reach of image recording. Monitoring a sanitary room requires the prior consent of that organisation or, where none operates at the employer, of employee representatives chosen in the manner that employer adopts. What is required there is consent, not consultation, and it is obtained before the monitoring starts.
GV010/PTMandatory	Portugal	Código do Trabalho, articles 17, 20, 21, 22, and 170-AAssembleia da República · read 5 Oct 2026Deliberação n.º 1638/2013, Princípios aplicáveis aos tratamentos de dados pessoais decorrentes do controlo da utilização para fins privados das tecnologias de informação e comunicação no contexto laboralComissão Nacional de Proteção de Dados · read 5 Oct 2026	That remote surveillance to control the worker’s professional performance is prohibited, that it is lawful for the protection and security of persons and goods or where particular requirements of the activity justify it, that the worker is informed of its existence and purpose, that its use is subject to authorization by the CNPD on a request accompanied by the opinion of the comissão de trabalhadores, that the notice reads “Este local encontra-se sob vigilância de um circuito fechado de televisão”, that the data are kept only for the period the purpose needs and destroyed on the worker’s transfer or on termination, that the worker has the right to confidentiality of personal messages and non-professional information sent, received, or consulted, the employer’s power to set rules of use notwithstanding, and that in telework the employer may not capture image, sound, writing, or history, nor impose permanent connection by image or sound.	The request for authorization of remote surveillance is accompanied by the opinion of the comissão de trabalhadores, or, where it is not given within 10 days of consultation, by proof that it was requested. The internal regulation on use and control of ICT is heard by the comissão de trabalhadores or other representative structure under article 99(2) of the Labour Code, published, and sent to the ACT; access to a mailbox takes place preferably in the presence of a representative of the comissão de trabalhadores, a union delegate, or a person the worker names.
GV010/ROMandatory	Romania	Legea nr. 190/2018, articolul 5Parlamentul României · read 5 Oct 2026	That monitoring by electronic communications or video surveillance at the workplace on the employer’s legitimate interest is lawful only on five cumulative conditions, among them prior consultation of the union or the employee representatives, prior complete and explicit information of the employees, proof that less intrusive means have failed, and a retention of no more than 30 days.	The employer consults the union or, where there is none, the employee representatives before introducing a monitoring system by electronic communications or video surveillance; the article states the consultation as a condition of lawfulness and does not state what it has to produce.
GV010/SEMandatory	Sweden	Lag (1976:580) om medbestämmande i arbetslivet, 11 §, 12 §, and 19 §Riksdag · read 5 Oct 2026Kamerabevakningslag (2018:1200), 15 §, 21 §, and 22 §Riksdag · read 5 Oct 2026Så får du som arbetsgivare använda platstjänster (GPS)Integritetsskyddsmyndigheten · read 5 Oct 2026Så får du som arbetsgivare kamerabevaka på arbetsplatsenIntegritetsskyddsmyndigheten · read 5 Oct 2026	That an employer bound by a collective agreement negotiates on its own initiative, before deciding, with the organization it is bound to, on an important change of its operations or of the work or employment conditions of the organization’s members, that it may decide first only where special reasons require it, that the organization may call negotiation on other matters, and that the employer keeps the organization informed of how its operations develop.	An employer bound by a collective agreement negotiates with the organization on its own initiative before deciding an important change of its operations or of the work or employment conditions of the organization’s members; where special reasons require it, the decision may precede the negotiation. An employer’s decision on camera surveillance of a workplace is subject to the negotiation duty of 11-14 §§ of the Co-determination Act. The employer usually negotiates with the union before switching on location services, and negotiates before cameras are installed.
Recommended	Irelandwhere written	Guidance on the Use of CCTV, For Data ControllersData Protection Commission · read 5 Oct 2026	That staff monitoring by camera belongs to special circumstances only, that employees are told where cameras are and why, that footage justified for security is not used for attendance or performance, that a case-by-case use for a disciplinary matter has to be shown necessary and limited in scope, that covert surveillance is generally unlawful and exceptionally permitted for offences only under a written policy and after a DPIA, and that a DPIA in the employment context could engage trade union or safety representatives.	In the employment context the stakeholders a DPIA engages could include trade union or safety representatives. No Irish statute requires information or consultation of worker representatives before monitoring is introduced.
Recommended	Switzerlandwhere written	Wegleitung zur Verordnung 3 zum Arbeitsgesetz, Artikel 26, Überwachung der ArbeitnehmerStaatssekretariat für Wirtschaft (SECO) · read 5 Oct 2026	What counts as a behaviour monitoring system (cameras in work rooms, microphones, continuous positioning, IT tools that monitor computer or phone activity at work or at home, sensors capturing biometric or physiological data, and AI tools for automated analysis of employee-based data), the three conditions of admissibility of a system needed for other reasons (a clearly overriding other interest, proportionality, and the participation of employees in planning, installation, hours of operation, and retention), the written justification produced to the labour inspectorate on request, and the data rules (prior detailed information, shortest predetermined retention, access limited to those authorized to evaluate, no archiving after the control, an internal regulation on rights and duties, monitored areas marked).	The participation of employees in the planning, installation, hours of operation, and retention period of a monitoring or control system is one of the three conditions of its admissibility; where a system required for other reasons can also monitor employees, they have a right to information and consultation under articles 5 and 6 ArGV 3.
Recommended	United Kingdomwhere written	Employment practices and data protection: monitoring workersInformation Commissioner's Office · read 30 Aug 2026	What the British regulator expects of an employer that watches its workers, told apart as what an employer must do and what it should, and the conditions it sets on watching them without telling them.	The views of the workforce or its representatives should be sought and documented before monitoring is introduced, unless there is a good reason not to, and where the decision is not to, that decision should be recorded with a clear explanation. It should be done early in the planning and as part of the impact assessment.