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CNIL fine for intrusive employee monitoring: GDPR legal basis, data minimisation, transparency, security and DPIA failures, plus EU AI Act considerations for workplace surveillance

Published on: 06 March 2025

Published by a LexisNexis Ireland - Employment expert
Legal News
Article summary

A recent ruling by the French data protection regulator (CNIL) penalising a company for its ‘particularly intrusive surveillance’ of staff activity again underscores the dangers linked to employee monitoring and the necessity for careful assessment before putting such measures in place. Last year, we outlined the risks around employee oversight following the CNIL’s €32m fine against Amazon for deploying a system that tracked activity and performance. The debate has re-emerged with a fresh CNIL decision to fine a French real estate company €40,000 for disproportionate monitoring of employees, which we examine below.

Background

The CNIL initiated an inquiry into the French real estate company’s monitoring practices after receiving complaints. Its investigation established that, from September 2021 to October 2022, the company used software on the computers of certain employees to record working time and assess productivity within the context of remote working arrangements...

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