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  • vickyp
    Keymaster
    October 2, 2023 at 12:47 am
    Post count: 4922
    #90226
    Forum: Community

    We are currently looking into investing in a employee monitoring software for remote workers. Our objective is to be as transparent as possible. We will inform employees about the software, how it works, what type of information it would collect (activity, productivity, apps used and websites visited) and how and when the information will be used.
    Would the upcoming new rules coming into effect with Law 25 on September 22: 

    Would we need to provide employees the right to deactivate the monitoring software if they do consent to it? 
    If yes, then could the employer make it a condition, i.e., must consent to the monitoring software, if employees want to continue to work remotely?  

    Thank you.

    vickyp
    Keymaster
    October 2, 2023 at 12:49 am
    Post count: 4922
    #90227

    Yes you would need informed consent and yes you can make that consent a requirement for working remotely. You may fall into a difficult position if you make it a requirement for employment in general, and you may need some accommodation say for an employee that objects but needs a couple of months to make arrangements so they can come back into the office. What you must take special care and attention to however is that the data collected is secure, visible to only a those admins authorized, purged with some regularity, etc. You also need a policy for deleting the data upon termination.

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