Tim Wybitul, who is Of Counsel at Hogan Lovells in Frankfurt, provides an analysis of two recent German cases lessening the restrictions on employers monitoring and examining employee e-mail. This development in the law has an impact on e-discovery and internal investigations.
A draft bill circulating on the Hill would impose new regulations on companies involved in the mobile “app” ecosystem, including wireless service providers, equipment manufacturers, device retailers, operating system providers, website operators, and other online service providers.
On January 10, Peter Hustinx, the European Data Protection Supervisor, released his annual “Inventory” of issues of strategic importance for 2012, indicating that he would be focusing on, among other issues, the proposed EU data protection framework, IP rights versus privacy rights, cloud computing, and financial sector reform.
A decision by the Higher Labor Court of Berlin-Brandenburg Germany allowing an employer the right to access and review work-related email correspondence of an employee during his/her absence from work provides grounds for employers to access employees’ business-related email, even without the employee’s explicit consent, provided that the employer does not interfere with ongoing email traffic and does not access emails which are clearly private.