INTRA/CoECouncil of Europe

What the record establishes for the Council of Europe, measure by measure, and what each source requires of the measure it governs.

Binding: 14
Recommended: 0
Reported: 0
Measures touched: 14 of 110
Sources cited: 4

Control	Source	What it establishes	Prerequisite or recommendation
14Mandatory
CP002/CoE Termination of employmentMandatory	Florindo de Almeida Vasconcelos Gramaxo v. PortugalEuropean Court of Human Rights, Fourth Section · read 11 Aug 2026López Ribalda and Others v. SpainEuropean Court of Human Rights, Grand Chamber · 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.	Dismissal on geolocation and dismissal after covert cameras have both been examined under article 8 and survived on their facts, which settles the method and not the outcome.
DP007/CoE Data loss prevention deploymentMandatory	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 capability that inspects material other than correspondence is not decided in it.
MD004/CoE Endpoint activity monitoringMandatory	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 an agent recording what is done on a device is not decided in it.
MD005/CoE Network and egress monitoringMandatory	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 the inspection of traffic is not decided in it.
MD006/CoE Electronic mail and collaboration monitoringMandatory	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 was decided on that monitoring itself: the employer read the content of a worker’s messaging account.
MD008/CoE Access to the content of communicationsMandatory	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.	Correspondence keeps its protection even where private use of a work device breaks the rules, so the six criteria apply to opening it and not only to logging it.
MD011/CoE Privileged session recordingMandatory	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 the recording of a session held under elevated entitlement is not decided in it.
MD012/CoE User and entity behavior analyticsMandatory	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 an engine deriving a baseline from activity is not decided in it.
MD013/CoE Physical access monitoringMandatory	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 record of entry to premises is not decided in it.
MD014/CoE Video surveillance of the workplaceMandatory	López Ribalda and Others v. SpainEuropean Court of Human Rights, Grand Chamber · read 11 Aug 2026	That those criteria are weighed rather than counted, and that surveillance without notice can survive where a suspicion preceded it.	Cameras without notice have survived where a specific suspicion came first and the scope and duration were held tight. The criteria are weighed, not counted.
MD015/CoE Geolocation of vehicles and devicesMandatory	Florindo de Almeida Vasconcelos Gramaxo v. PortugalEuropean Court of Human Rights, Fourth Section · read 11 Aug 2026‘Just more surveillance’: The ECtHR and workplace monitoringMole and Mangan · 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.	Tracking a company vehicle through and beyond working hours has survived on its facts, on a bench divided four to three, with the mileage relied on separated from the location data as a whole. A case note reads the majority as having placed the technology itself largely beyond examination, so the survival is weaker authority than it appears.
MD016/CoE Measurement of pace and performanceMandatory	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.
MD018/CoE Covert monitoring on prior suspicionMandatory	López Ribalda and Others v. SpainEuropean Court of Human Rights, Grand Chamber · read 11 Aug 2026	That those criteria are weighed rather than counted, and that surveillance without notice can survive where a suspicion preceded it.	The suspicion has to exist before the observation begins, and the scope and duration have to answer to it.
MD019/CoE Monitoring outside working hoursMandatory	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.