INTRA/MD/MD016Measurement of pace and performance
The derivation of a rate of work from the traces the work itself produces.
| Control | Jurisdiction | Source | What it establishes | Prerequisite or recommendation |
|---|---|---|---|---|
| MD016/EUMandatory | European Union | Regulation (EU) 2016/679, articles 5(2), 6, 9, 12, 15, 22, 35, and 88European Parliament and Council · read 11 Aug 2026Opinion 2/2017 on data processing at work (WP249)Article 29 Data Protection Working Party · read 11 Aug 2026 | The grounds on which processing may rest, the burden of showing it, the categories whose processing is prohibited outright save on a named ground, what a person asking has to be told and by when, the limit on deciding about someone by machine alone, when an impact assessment is owed, and the leave each member state has to set its own employment rule. | A ground under article 6 has to be identified before anything is collected through the measurement, and whatever more specific rule the member state has made under article 88 applies on top of it. Consent is rarely that ground in an employment relationship, since it has to be freely given and the imbalance there makes that doubtful. |
| MD016/CoEMandatory | Council of Europe | Bărbulescu v. RomaniaEuropean Court of Human Rights, Grand Chamber · read 11 Aug 2026 | That private life and correspondence reach into the workplace, and the six criteria against which any monitoring measure is weighed. | Private life and correspondence extend into the workplace, including where a worker’s private use of a work device breaks the employer’s rules, and a monitoring measure is to be assessed against six criteria, prior notification and the availability of a less intrusive method among them. The case concerned the reading of a worker’s messages, and whether the criteria reach a rate of work derived from the traces of the work is not decided in it. |
| MD016/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. | A rate of work derived from statistical, data capture, or micro timing methods is named in its own right among the measures the works council has to consent to, alongside the general requirement for systems that control employees. |
| MD016/HRMandatory | Croatia | Zakon o provedbi Opće uredbe o zaštiti podataka, članci 25 to 30Hrvatski sabor · read 5 Oct 2026 | That video surveillance serves only a purpose necessary and justified for the protection of persons and property, that the premises are marked before the perimeter is entered with the controller’s identity and contact for rights, that access to footage is limited to the responsible person and those authorized, that an automated log records the time, place, and person of every access to footage, that recordings are kept at most six months unless a law provides longer or they are evidence in proceedings, and that employees are processed by video surveillance only where the occupational safety conditions are met too, the employees were informed beforehand in an appropriate way and before the decision to install, and never in rooms for rest, personal hygiene, and changing. | In residential buildings, video surveillance is not used to track the work performance of caretakers, cleaners, and other persons working there. |
| MD016/FRMandatory | France | Décision n° 492830, Amazon France LogistiqueConseil d’État, tenth and ninth chambers · read 16 Aug 2026 | That the fine for scanner-measured warehouse work stands, reduced to 15,000,000 euros, the original deliberation remaining what states the finding. | Measuring warehouse work through handheld scanners has been found unlawful in its detail, and the fine for it stands at 15,000,000 euros after review. |
| MD016/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 works council has to agree before introducing the measurement, and again on the manner in which it is used. |
| MD016/GRMandatory | Greece | Νόμος 4624/2019, άρθρο 27Βουλή των Ελλήνων · read 5 Oct 2026Οδηγία 1/2011 της ΑΠΔΠΧ για τη χρήση συστημάτων βιντεοεπιτήρησης, άρθρο 7Αρχή Προστασίας Δεδομένων Προσωπικού Χαρακτήρα · read 5 Oct 2026 | That employees’ data are processed for the purposes of the employment contract where absolutely necessary for the decision to conclude it or for its performance, that consent is an exceptional basis judged on the employee’s dependence and the circumstances, given in writing or electronically and distinct from the contract, with information on the purpose and the right to withdraw, that collective agreements may provide a basis, that CCTV in workplaces is permitted only where necessary for the protection of persons and property, that its data are not used as a criterion for evaluating the employees’ performance, that employees are informed in writing of its installation and operation, and that employees include candidates, former employees, and contractors. | Data collected by CCTV in the workplace are not used as a criterion for evaluating the employees’ performance. Data from video surveillance are not the exclusive criterion for evaluating the employees’ behaviour and performance. |
| MD016/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. | An agreement with the union representatives, or failing that an authorization from the labor inspectorate, is required before installing the measurement. |
| MD016/LUMandatory | Luxembourg | Code du travail, articles L.261-1 and L.261-2Chambre des Députés · read 5 Oct 2026Lignes directrices en matière de géolocalisation des véhicules mis à la disposition des salariésCommission nationale pour la protection des données · read 5 Oct 2026Lignes directrices en matière de vidéosurveillanceCommission nationale pour la protection des données · 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. | Location data are not used to observe performance or behaviour outside the initial purposes; a system installed against theft does not serve to check speeding, time between clients, or the route taken. Checking that employees work and do not spend too long on their phones, keep their hours, follow instructions, or behave appropriately with customers are not purposes a camera can pursue. Control of the production or performance of the employee as the only means of fixing exact pay is one of the three purposes for which articles L.211-8 and L.414-9 apply. |
| MD016/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 works council has to consent before any arrangement governing the measurement is adopted, amended, or withdrawn. |
| MD016/PTMandatory | Portugal | Código do Trabalho, articles 17, 20, 21, 22, and 170-AAssembleia da República · read 5 Oct 2026Deliberação n.º 7680/2014, Princípios aplicáveis aos tratamentos de dados pessoais decorrentes da utilização de tecnologias de geolocalização 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. | Remote surveillance by technological equipment to control the worker’s professional performance is prohibited. Location data are never used to control the worker’s performance. |
| MD016/ESMandatory | Spain | Ley Orgánica 3/2018, articles 87, 89, and 90Cortes Generales · read 16 Aug 2026 | A right to privacy in employer-provided devices, and the express prior information owed before camera images or location data are processed. | Criteria for use, drawn up with the participation of the workers’ representatives, and express prior information to the workers, are required before putting the measurement into operation. |
| MD016/SEMandatory | Sweden | Beslut efter tillsyn, Apotea AB, kamerabevakning vid logistikcenter i MorgongåvaIntegritetsskyddsmyndigheten · read 5 Oct 2026Så får du som arbetsgivare kamerabevaka på arbetsplatsenIntegritetsskyddsmyndigheten · read 5 Oct 2026Kamerabevakning av anställdaIntegritetsskyddsmyndigheten · read 5 Oct 2026 | That surveillance to direct work and check how employees perform their tasks normally has no legal basis under article 6, that the balancing is made purpose by purpose, that the integrity interest at a workplace weighs heavily as a starting point since an employee does not usually expect to be watched, and that surveillance to handle medicine incidents prevailed because it was limited to relevant areas, access was limited to three post-holders, logged, and used as a last resort, and the activity was one where employees could expect cameras more than usual. | Cameras are not used to check how employees perform. Surveillance to direct work and check how employees perform their tasks normally has no legal basis under article 6. |
| MD016/CHMandatory | Switzerland | Verordnung 3 zum Arbeitsgesetz (ArGV 3), Artikel 26Federal Council · read 5 Oct 2026Wegleitung zur Verordnung 3 zum Arbeitsgesetz, Artikel 26, Überwachung der ArbeitnehmerStaatssekretariat für Wirtschaft (SECO) · read 5 Oct 2026 | That monitoring and control systems meant to monitor the behaviour of employees at the workplace may not be used, and that systems required for other reasons are designed and placed so that they do not impair the health and freedom of movement of employees. | The prohibition reaches behaviour monitoring; a system required for other reasons, quality or performance monitoring among them, is designed so that it does not impair health or freedom of movement. Automatic registration of the number or quality of parts produced or of calls taken in a call centre is permitted performance monitoring, kept proportionate; where behaviour and performance cannot be separated, the overriding interest and proportionality are examined and justified in writing. |
| 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. | Monitoring that may result in financial loss, performance management given as the example, is named among the processing likely to cause high risk. |