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Data protection for employees under Czech law

The Data Protection Act does not include a specific provision about data protection for employees in the Czech Republic. Accordingly, in the area of employment law, the majority of rules for employee personal data processing are included in Act No. 262/2006 Coll., the Labor Code.

The Labor Code contains several rules about the lawful processing of employee personal data by an employer as a controller. These rules include:

  • the personal data employees must provide their employers prior to employment (Article 30(2) of the Labor Code)
  • the employer’s obligation to record the working hours of an employee (Article 96(1) of the Labor Code)
  • the employer’s right to monitor the use of equipment by employees for personal purposes (Article 316(1) of the Labor Code)
  • the employer’s restriction to monitor the employee’s privacy without a significant reason (Article 316(2) of the Labor Code)

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