GPS in time and attendance tracking: Everything you need to know
SaaS.de explains when you are permitted to record your location when clocking in
Mobile time and attendance tracking is a great help for field staff and on construction sites. However, as soon as GPS comes into play, employees are quick to fear surveillance. The key point is this: recording a location when clocking in or out is not the same as continuous tracking. What matters are the purpose, scope and transparency.
The legal basis
Time tracking yes, location no:
Employers must record the start, end and duration of working hours (Federal Labour Court, ref. 1 ABR 22/21). The law does not require the location to be recorded.
Location data constitutes personal data:
It may only be collected if it is necessary and proportionate for a specific purpose. Since the ECJ ruling (Case No. C-34/21), the key benchmark has been Article 6(1) of the GDPR.
Co-determination by the works council:
An app with GPS is suitable for monitoring. A works council therefore has a mandatory right of co-determination under Section 87(1)(6) of the Works Constitution Act (BetrVG).
What is permitted and what is not
Generally permitted:
A location may only be used when clocking in and out if it is required for work, for example when working at different locations or on building sites.
Not permitted:
Continuous tracking and movement profiles, covert tracking, tracking during breaks or leisure time, and performance monitoring without cause. The Lüneburg Administrative Court has thus overturned the permanent GPS tracking of company cars (Ref. 4 A 12/19).
The requirements:
a specific purpose, no less intrusive alternative, data collection only to the extent necessary, prior notification of staff (Art. 13 GDPR) and fixed retention periods.
Challenges: Consent, working from home and complaints
Is consent enough?
Hardly. It must be given voluntarily – which is often questionable in an employment relationship – and can be withdrawn at any time.
Is GPS required in the office or when working from home?
Generally not. Where the place of work is fixed, there is no need for it.
What to do in the event of complaints?
Explain openly what data is being collected and why, involve the data protection officer, and switch off GPS where it is not needed.
How GPS works in the SaaS.de app
Your location is recorded only when you ‘arrive’ and ‘leave’, never in the background, during breaks or after work. The app indicates below the buttons when GPS is active. All data is stored in Germany in accordance with the GDPR.
Tip from SaaS.de
Only use GPS where location data is genuinely required; inform your team in advance and agree on its use with the works council and the data protection officer.
More about the app: New SaaS.de mobile app.
Note: This article is not a substitute for legal advice in individual cases.
Sources:
Art. 6, 13 GDPR, Section 87(1)(6) BetrVG
ECJ, Case C-34/21 · Federal Labour Court (BAG), Case 1 ABR 22/21 · Lüneburg Administrative Court, Case 4 A 12/19