Geolocation in commercial vehicles: what does the Data Protection Authority say?
Recently, a company in Belgium was fined by the Data Protection Authority (GBA) because the geolocation system in their company vehicles was not in line with GDPR legislation. 👉 This case was discussed on FLEET.be.
What was going on, and what can you as an employer do to avoid fines?
What was the problem?
An employee filed a complaint because he noticed that the tracking system in his company car remained active even during vacations and outside working hours. The employer had not sought clear consent, provided an option to temporarily disable the tracking, or provided clear communication about how the data collected was being used.
According to the GBA, this violated:
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The transparency principle (unclear communication)
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the purpose principle (tracking had control rather than optimization as its goal)
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and proportionality (permanent tracking without a private option is too intrusive)
What does this ruling on GDPR & tracking systems teach us?
Geolocation is allowed, but only under the right conditions. The GBA gave some clear recommendations in its rationale:
✔️ Document the use of geolocation in the employment contract, including purpose, times of activation, legal basis and the employee's rights.
✔️ Provide an option to opt out during private use.
✔️ Communicate clearly and completely about what is collected, why, for how long and who has access to the data.
How do you introduce track & trace correctly?
A good system starts with clear communication. In another blog, we already gave concrete guidelines and tips on how to introduce track & trace to your employees in a transparent and supported way. Think about the importance of consultation, clear agreements and creating trust from day one.
👉 Read here: Checklist: this is how to introduce track & trace to your employees
Free sample clause for your employment contract
To help you comply with regulations, we at AllConnects prepared a practical sample clause. Just modify it with your company logo and details, and you can add it to your employment contracts and regulations.
👉 Download the Word template here
If you have any questions or would like to spar on how to apply it in your business,
Email us at service@all-connects.be or call us on 03 828 11 66. We'd love to help you get started!
