German Court Slaps Employer With €900,000 Fine Over 80-Camera Surveillance System
Published on 07/23/2026 at 06:04 | Redaktion boerse-global.de
A regional appeals court in Celle has dramatically increased a data protection penalty against a German company, raising the fine from €700,000 to €900,000 for running an illegal workplace surveillance operation. The ruling sends a stark warning to employers who treat the General Data Protection Regulation (GDPR) as optional.
The Higher Regional Court of Celle (case number 3 Orbs 113/25) found that the company had installed more than 80 cameras across its premises and stored footage for up to 60 days without a proper legal basis. Judges applied the European Data Protection Board's fine guidelines when calculating the penalty, basing the amount on the company's revenue from its last completed financial year before the penalty order — in this case, 2019.
The message from the bench was unambiguous: there are no grace periods under GDPR. Internal responsibility structures or fears of reputational damage do little to reduce the punishment.
The same principle applies to workplace safety law — compliance isn't optional. UK employers face their own legal duties under the Health & Safety at Work Act 1974, and failing to document risk assessments can prove costly. A free toolkit provides nine ready-to-use tools, including risk assessments and director liability guides, to help you stay compliant. Download the free Health & Safety at Work Act 1974 Toolkit
Tesla's Robot Training Raises Privacy Red Flags
New workplace technologies are creating fresh legal headaches. At Tesla's factory in GrĂĽnheide, selected employees are being asked to wear cameras to record their movements for training the company's humanoid robot called "Optimus." The automaker previously used motion-capture suits for this purpose.
Legal experts are raising concerns. Such recordings require approval from the works council and full compliance with GDPR. There is widespread skepticism about whether consent given within an existing employment relationship can ever be truly voluntary — the power imbalance between boss and worker is simply too pronounced.
Similar rules apply to smart glasses. Targeted recordings of individuals require their explicit permission. Incidental filming of passersby as "accessory" footage may be permissible under certain circumstances. Secret recordings in protected spaces, however, are a criminal offense.
Detective Surveillance: A Legal Minefield for Employers
Monitoring employees on sick leave remains treacherous territory. A Spanish labor court in 2026 declared the dismissal of a woman who had suffered a stroke to be null and void. Her employer had hired a private investigator who filmed her shopping and walking outdoors. The court awarded her €5,000 in compensation for pain and suffering — ordinary daily activities, judges ruled, do not indicate fitness for work.
German law takes a similar stance. The Federal Labor Court clarified in summer 2024 that detective operations are only permissible when there is a concrete suspicion supported by factual evidence. And the Cologne Regional Labor Court ruled in early 2025 that attending events while on sick leave does not automatically justify termination — as long as the activities do not jeopardize recovery.
Who Gets to Check Work Messengers?
When it comes to monitoring work-related messaging apps or email accounts, everything hinges on one critical question: is personal use allowed or not?
If personal use is permitted, the boss may only access accounts when there is a strong suspicion of criminal activity or serious breaches of duty — and even then, only with the data protection officer present. If personal use is banned, monitoring is more feasible but must be communicated transparently to employees.
Reform Package Fast-Tracks AI Co-Determination
A coalition reform package passed on July 2, 2026, adds further pressure. It contains 34 measures and aims to accelerate the co-determination rights of works councils when companies deploy artificial intelligence. At the same time, the package strengthens the ban on shelf companies to prevent circumvention of co-determination rules.
Keeping on top of evolving regulations is a challenge for any business. A comprehensive Health & Safety Toolkit gives you instant access to the risk assessments, checklists, and toolbox talks you need to meet your legal obligations and protect your workforce. Download the free Health & Safety Toolkit
A ruling from the Federal Court of Justice on June 23, 2026 (case number VI ZR 97/22) demonstrates that even recruitment process mishaps can prove costly. A bank must pay damages after accidentally forwarding a job applicant's confidential salary data to a third party. The court followed the European Court of Justice's reasoning: merely losing control over personal data can constitute non-material damage.
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