Datenschutzverstöße des Betriebsrats

Abstract

The work takes a comprehensive look at the possible liability in the event of data protection violations by the works council or by individual works council members. The question is of considerable importance in practice because works councils have to deal with numerous data in their daily work. In addition, a personal liability of works council members is possible - even in spite of the alleged clarification in the context of § 79a sentence 2 BetrVG. After a fundamental discussion of the question of whether the works council can be the responsible party within the meaning of Article 4 No. 7 of the GDPR, the work deals with the admissibility of Section 79a sentence 2 of the BetrVG under EU law. The author comes to the conclusion that § 79a S. 2 BetrVG is not compatible with the requirements of EU law and may not be applied due to this illegality of EU law. Existing case law is also comprehensively evaluated in the process.Subsequently, all liability facts of the German Civil Code (BGB) as well as of the GDPR are illuminated. Finally, possible liability risks for employers are discussed. Due to numerous practical examples, the work is ideally suited for practitioners.