INTRA/MD/MD019Monitoring outside working hours
Observation continuing when the person is not at work.
| Control | Jurisdiction | Source | What it establishes | Prerequisite or recommendation |
|---|---|---|---|---|
| MD019/CoEMandatory | Council of Europe | Florindo de Almeida Vasconcelos Gramaxo v. PortugalEuropean Court of Human Rights, Fourth Section · read 11 Aug 2026 | That geolocation of a company vehicle, inside and outside working hours, did not violate article 8 on the facts, by four votes to three. | Observation running through and beyond working hours has survived on its facts, which does not settle that it survives on any others. |
| Recommended | European Unionwhere written | Opinion 2/2017 on data processing at work (WP249)Article 29 Data Protection Working Party · read 11 Aug 2026 | That consent is rarely a valid ground in employment, and how legitimate interests are weighed against privacy across nine scenarios of workplace monitoring. | The balance covers technology used outside the workplace as well as inside it, so continuing after hours does not fall outside the assessment. |
| Recommended | Luxembourgwhere written | Lignes directrices en matière de géolocalisation des véhicules mis à la disposition des salariésCommission nationale pour la protection des données · read 5 Oct 2026 | That geolocation of a vehicle given to an employee is always surveillance under article L.261-1, that the employer does not monitor the employee outside working hours, so a vehicle also used privately carries a deactivation under the employee’s control and a vehicle for professional use only may stay located permanently, that the data are not used to observe performance or behaviour outside the initial purposes, so a system installed against theft does not serve to check speeding, time between clients, or route, nor to found disciplinary measures, that location data are kept two months at most, three years where the system is the only means of checking working time (five in the public sector), one year for billing evidence, and that a geolocation system in principle requires an impact assessment. | Tracking outside working hours is prohibited, and the employee controls the deactivation of the device on a vehicle that may be used privately. |
| 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). | One way of keeping a required system restrained is to run it only in the absence of employees, such as an anti-theft system switched on when needed. |