Employee Data Protection Considerations

Employee Data Protection Considerations for Remote Working

Written by Maeve Dunne

With remote and hybrid working now a permanent feature of working life, employers need to ensure their data protection obligations don't stop at the office door. The same GDPR rules apply whether your employees are working from the office or the kitchen table — and in some ways, the risks are greater at home.

Know What Data Your Employees Are Handling Remotely

Before employees work from home with access to personal data, carry out a risk assessment. Understand what categories of data they process, on what devices, and over what networks. If the processing is high-risk — for example, involving special category data — a Data Protection Impact Assessment (DPIA) under Article 35 GDPR may be required.

Have the Right Legal Basis in Place

Remote working arrangements may involve new or expanded processing activities. Ensure you have an appropriate lawful basis under Article 6 GDPR (and Article 9 where special category data is involved) for any monitoring or additional data collection that comes with managing a remote workforce — such as productivity tracking or device monitoring. Consent is rarely the right basis in an employment context due to the inherent power imbalance.

Update Your Privacy Notices

If remote working has changed how or where you process employee data, your Article 13 privacy notices may need to be updated. Employees are entitled to know what personal data is being collected about them, why, and for how long.

Data Security Is Your Responsibility

Remind staff regularly of their obligations. Personal data processed at home should be subject to the same controls as in the office — encrypted devices, secure Wi-Fi, clean desk policies, and clear rules on printing or storing documents at home. The DPC has published specific guidance on security in remote working environments.

Retention Still Applies

Any additional data collected in connection with remote working — timesheets, monitoring logs, device usage records — should not be retained beyond what is necessary for the purpose for which it was collected.

Remote Working Data Protection Checklist

• Risk assessment completed for all remote-working roles involving personal data

• DPIA carried out where high-risk processing is involved

• Lawful basis identified for any employee monitoring or new processing activity

• Privacy notices reviewed and updated to reflect remote working arrangements

• Acceptable use / remote working policy in place and communicated to staff

• Devices encrypted and secured; personal devices assessed if BYOD applies

• Staff trained on data security best practices for home working

• Clear rules in place on printing, storage, and disposal of documents at home

• Retention schedules apply equally to remotely processed data

• Data breach reporting procedures communicated to all remote staff

Need help reviewing your remote working data protection policies? Contact the Privacy Path team today.