Works agreement for GPS & telematics
GPS and telematics systems capture location, driving times and driving behaviour and enable close monitoring. This guide neutrally explains what a works agreement regulates and the role of the conciliation committee.
Why are GPS and telematics systems subject to co-determination?
Telematics and tracking systems are technical installations capable of monitoring conduct and performance and thus subject to co-determination under Section 87(1) no. 6 BetrVG. In addition, the requirements of the GDPR and employee data protection apply. If no agreement is reached, the conciliation committee decides within what is legally permissible.
Typical content
- Permissible tracking purposes
- Captured data (location, driving times, driving behaviour)
- Evaluations & reports
- Off- and private-trip times
- Retention & deletion
- Access rights
- Exclusion of pure performance and behaviour monitoring
If no agreement is reached
As chair, I reconcile the legitimate operational interests – such as dispatching and safety – with the employees' personality protection into a balanced, legally sound arrangement.
Briefly answered
It is subject to co-determination (Section 87(1) no. 6 BetrVG) and limited by data-protection law. It is permissible only for legitimate purposes and to a proportionate extent; continuous behaviour and performance monitoring is generally excluded.
Where private use is permitted, an arrangement typically provides off- or private-trip times during which no tracking takes place.
More in the guide: IT framework agreement · Microsoft 365 · all guides
A conciliation committee on GPS / telematics?
As a neutral chair I reconcile operational interests and personality protection into a legally sound arrangement – across Germany.