Works agreement for Microsoft 365
Microsoft 365 – Teams, SharePoint, OneDrive, Copilot – generates extensive usage and activity data. Because the systems are capable of monitoring conduct and performance, their introduction is subject to co-determination. This guide neutrally explains what a works agreement typically regulates and the role of the conciliation committee.
Why is Microsoft 365 subject to co-determination?
Technical installations capable of monitoring employees' conduct or performance are subject to mandatory co-determination under Section 87(1) no. 6 BetrVG – regardless of whether monitoring is actually intended. Microsoft 365 logs sign-ins, activities and usage statistics; cloud telemetry and AI features (Copilot) add to this. In companies with a works council, its introduction therefore needs to be regulated – as a rule by a works agreement.
Typical content
- Purpose limitation and excluded evaluations
- Which log data arises and how long it is stored
- Permissible evaluations and reports (e.g. Teams activity, usage statistics)
- Handling of Copilot and AI-based features
- Access rights of administrators and managers
- Involvement in updates, new features and configuration changes
- Data protection, processing and third-country transfers
If no agreement is reached
If employer and works council cannot agree on the arrangement, the conciliation committee decides. As chair, I guide both sides through the technical and data-protection complexity to a workable, legally sound framework – balanced and feasible in daily operations.
Briefly answered
In companies with a works council, introducing Microsoft 365 is subject to co-determination because the systems are capable of monitoring conduct and performance (Section 87(1) no. 6 BetrVG). A works agreement is therefore common; if no agreement is reached, the conciliation committee decides.
Yes. AI features such as Copilot evaluate usage data and raise additional questions of transparency and evaluation; they should be addressed explicitly in the agreement.
Related guides: IT framework agreement · Time recording · all guides
A conciliation committee on Microsoft 365?
As a neutral chair I guide the parties swiftly and reliably to a workable arrangement – across Germany.