October 11, 2017
Authored by: François Alambret
The development of teleworking in Europe has increased the requirement for the protection of personal data. If those two subjects are complementary, they shall not overshadow the other aspects of working relationships’ digitalization.
- Teleworking Development
Teleworking did not wait for the emergence of the internet to exist but rather has undoubtedly been developed by the combination of the following: the progression in individual technological tools, the individualization of working relationships, and the expansion of urban centers and their resulting congestion.
First, encouraged by employees’ legal claims, companies have organized teleworking through collective agreements and charters (relating to IT or quality of work life), later recognized by trade unions at the European and national level (European framework agreement on telework of 16 July 2002 and the national inter-professional agreement of 19 July 2005). Lawmakers next supervised teleworking through the law of 22 March, 2012, 8 August, 2016 (the work law called “El-Khomri” law), and Macron’s orders, which are currently in the process of being promulgated into law.
This last legislative step aims at simplifying the use of teleworking, in particular through agreement or company charter by preventing parties from writing additional clauses within the employment contract (see article 24 of the order No. 3 of 31 August 2017 modifying the articles L.1222-9 and following French Labor Code).
The employer is no longer supposed to bear the cost of teleworking, which allows de facto the employee to use his/her own IT equipment.
- Personal Data Protection
As soon as