The results were used to achieve the stated objective of the

[account_disabled]

Justification : Has the company presented legitimate arguments to justify the surveillance of communications and access to its content...?


The existence of other less intrusive means: Would it have been possible to establish a surveillance system based on less intrusive means and measures than direct access to the employee's communications content? In this regard, it is necessary to evaluate, based on the particular circumstances of each case, whether the objective pursued by the employer can be achieved without the employer having full and direct Fax Lists access to the content of the employee's communications.

Consequences of supervision . What were the consequences of supervision for the affected employee…with references cited? How did the employer use the results of the monitoring measure, in particular whether the results were used to achieve the stated objective of the measure…?


Guarantee. Was the employee offered adequate safeguards, particularly when the company's supervisory measures were intrusive? In particular, these guarantees should prevent the employer from having access to the content of the communications in question without the employee having been previously notified of such an eventuality.

In the specific case prosecuted (dismissal of a worker for having accepted from a supplier entity and from which he had made purchases for an amount of 15,734,080 dollars in the period 2008/2013, two bank transfers for an amount - respectively - of 11,000 and 39,000 euros) , in the company there was a specific business regulation “on information systems” and “information security policy” that limited the use of the company's computers to strict work purposes and expressly prohibited their use for personal matters. personal.







Furthermore, in this case the employees, every time they accessed the company's computer systems with their computer, and prior to said access, had to accept the guidelines established in the company's Information Security Policy. These guidelines stated that access is for strictly professional purposes, with the company reserving the right to adopt the necessary surveillance and control measures to verify the correct use of the tools it makes available to its employees.