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Remote control: data acquired cannot be used to prove the employee's contractual breach

The effectiveness of the prohibition of remote control of employees' activity requires that even for the so-called defensive controls, the guarantees set forth by Article 4, paragraph 2, of the Law No. 300 of May, 20, 1970 (i.e., the so-called Workers’ Chart) apply. It follows that if, for the need to avoid illegal activities or for organizational or production reasons, the employer can install control systems and equipment that also detect data relating to the work activities of employees, such data cannot be used to prove the breach of contract by the employees themselves. In the present case, the Supreme Court confirmed the judgment on the merits which - with reference to an employee who, during working hours, had made an improper use of the service terminal, connecting to recreational or commercial websites - had considered unlawful the use for disciplinary purposes of the data collected by the control system of the company network, in the absence of proof of the functionalization of the control itself to safeguard the company assets (see decision dated November 9, 2021, No. 32760).

Avv. Guido Brocchieri

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