Controlling an employee’s electronic correspondence does not breach his/her right to privacy. With this ruling, the Constitutional Court is wandering from the existing jurisprudence, which required that employees be warned of this monitoring possibility in advance, laying down the principle that collective agreements can contain this prior warning. (Ref. 130637)
A ruling against the jurisprudence’s tide. The ruling rendered by the Constitutional Court goes against the line followed by Spanish courts so far, which judged that businesses could monitor their employees’ emails only if they had expressly warned them, in advance and in a memorandum, that there could be controls and that emails were reserved for professional means.
Collective agreements are enough of a prior warning. The ruling rendered by the Constitutional Court removes the need for prior
…Do you have information to share with us?