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Tech Law Briefing, November 2020

Processing of employees' geo-data in Germany

It is a known fact that digitalization reaches every part of life and society, and in particular the world of employment. This leads to
enormous amounts of employees' personal data being collected and processed by the employer. In particular, the use of smart
(mobile) devices offers new possibilities of accessing and analysing such data by employers because very often location data
("geo-data") of the user based on internet queries or location based services are collected and automatically transmitted by smart
devices. As such data allows the employer to draw his conclusions about the behaviour and social relationships of his employee,
the employee's right to informational self-determination1 may easily be affected. Thus, the employee needs to be protected from the
unlawful creation of data profiles.


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