Is the use of geolocation devices legal in the workplace?

The latest technological advances and new labor measures have incorporated the use of geolocation tools for data extraction with the aim of improving processes efficiency and making better decisions.

In many professions, geolocation has become an indispensable tool not only to be able to monitor workers, but to ensure a better response in the event of an occupational accident. However, we still receive many questions regarding the legality of using geolocation tools on workers. Is it legal? Yes, but with restrictions.

First of all, we must bear in mind that the use of a geolocation system implies data collection and processing. Therefore, this fact will be affected by the Data Protection Law.

The terminals that we use to obtain this data must comply with all the requirements demanded by current regulations, both for what is expressed in EU Regulation 2016/679, such as the famous Organic Law 3/2018, on Protection of Personal Data and Guarantee of Digital Rights (LPDPGDD), among others.

Although no express consent is required from the employees, it is very important that the employer clearly communicates the use of geolocation devices. In such a way, from ENGIDI we always recommend to our clients to provide training so that workers understand how the device works, with the aim of showing how it can turn to be their best ally to reduce the danger of their work.

Our CEO, Gerard Fernandez, highlights that “our goal is to use geolocalization to improve worker’s safety at work. We don’t believe in continuous monitoring without events, but in monitoring for preventing dangerous events”.

We should also keep in mind that each country or state might have its own requirements for data protection, that is why it is important to work with a company that can provide you with guidance to make sure you don’t incur any legal issues.

In summary, the geolocation of the worker is possible and legal as long as it has a purpose aimed at improving the services of the company.

The main objective of our technology is to minimize the dangerousness of workplaces as much as possible, so the data collected is analyzed anonymously, therefore respecting the LOPD.

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