Employers in Germany are required to provide employees with GDPR information. Missing documents can lead to legal consequences. Here’s how to stay compliant – step by step.
Many employers, especially German subsidiaries of international corporations, are unaware that under the GDPR they have specific obligations toward every employee hired in Germany. Compliance with these rules is not just best practice – it is a legal requirement. Yet, basic documents such as data processing notices or consents for voluntary data are often missing.
This can turn out to be costly. Former employees in Germany increasingly exercise their right of access under Article 15 GDPR, requesting complete information on all personal data processed during their employment. If the employer lacks proper documentation, responding to such requests becomes difficult, and the company may face sanctions from the data protection authority or disadvantages in employment disputes.
According to the GDPR and German labor law, employers must provide employees with clear information about how their data is processed (Article 13 GDPR), define policies on the use of company IT systems, and obtain explicit consent if they wish to process voluntary data such as profile photos, biometric identifiers, or GPS tracking. Failure to meet these obligations can lead not only to fines but also to reputational damage and legal risk.
To address this challenge, our law firm has developed a practical GDPR documentation package for employers in Germany. The set includes everything needed to meet legal obligations toward employees: the Article 13 privacy notice, sample consent forms for voluntary data, a confidentiality agreement, and policies for using company email and IT equipment. All documents are available in English and German, which makes implementation easier in international organizations.
With this ready-made package, employers can not only protect themselves against GDPR access requests from former employees, but also standardize HR processes and prevent future problems. The documentation can be adapted to the specific structure of each company and implemented quickly.
If you would like to learn more about how to effectively protect your company from GDPR risks in the workplace, we invite you to contact our law firm on +49 (0) 40 180 364 020 or by email at kontakt@graulaw.eu.