Less and less time to adapt to the new rules on monitoring in the workplace

We would like to remind you that the Act of 10 May 2018 on Personal Data Protection has introduced regulations to the Labour Code on video monitoring and electronic mail (new provisions: Article 22[2] and Article 22[3]). These regulations, in force since 25 May 2018, define the purpose, scope and manner of using monitoring with respect to employees, and also require the employer to regulate these issues appropriately.

However, the President of the Office for Personal Data Protection (PL: UODO) pointed out that employers had not been given enough time to adapt to the changes required under these provisions. As a result, the UODO decided to give controllers time till the end of September 2010 to adapt to the new provisions. Until then, as announced by the UODO President, no supervisory actions will be taken in connection with the new provisions in this quasi-transitional period.

In consideration of the foregoing, we are already urging you to prepare your organisations to the application of the aforementioned requirements, which in particular may involve the need to modify internal documents valid at the employer (work regulations, monitoring policy, etc.).