Employees are entitled to privacy at and during work. This means, for example, that an employer may not simply monitor an employee or inspect their email and internet use.
Privacy in the workplace does, however, have its limits. Because of compelling business interests, an employer may restrict an employee’s privacy.
If private activities or behaviour by an employee may cause damage to the employer, the employer may be able to intervene. After all, the employee must behave as a good employee, and the employer may, on the other hand, issue instructions for the proper running of the organisation under the law. This includes, for example, drawing up protocols and handbooks on the use and misuse of email and internet, or on the use of hidden cameras to monitor employees. Engaging an investigation agency by the employer also affects the employee’s privacy.
The Works Council also has a role when it comes to privacy in the workplace. Under Dutch law, the Works Council has a right of consent regarding decisions to introduce or amend company rules on privacy. The Works Council also has a right of consent when it comes to personnel tracking systems, such as camera surveillance and monitoring telephone and email use at work. The employer must therefore consider, in privacy matters at work, whether the Works Council must be consulted in advance in a specific case.
In certain situations, the employer has a legitimate reason to restrict employees’ privacy, such as the interests of the business or the prevention of damage to reputation. It will always depend on the circumstances whether the employee’s right to privacy outweighs the employer’s interests. With a sound privacy policy and rules on the processing of personal data under the GDPR, you as an employer will be in a much stronger position in discussions or proceedings about limiting privacy rights. The lawyers of our employment law team will be happy to advise you on this.
GMW lawyers will be happy to help you with all your employment law issues. Our lawyers assist both employers and employees.
Do you have a question? Please feel free to contact us.
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17 September 2026
Dismissal for lying about working from home
Incorrectly registering a workplace can constitute an urgent reason for summary dismissal. The Rotterdam District Court recently confirmed this in a judgment. The case concerned an employee of online bank Bunq. Over a period of three months, the employee stated 21 times that he was working from the office in Rotterdam, while other data showed that he was not at the office.
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3 September 2026
Employer, may I move to a competitor?
Many employers include a non-compete and/or non-solicitation clause in their employment contracts. If an employee wants to work for a client or a competitor of the employer, and the employer does not allow this, the employee may feel compelled to take the matter to court. That was also the case in a ruling by the Zeeland-West Brabant Subdistrict Court in May 2025.
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27 August 2026
Works council and right of consent for changes to home working policy
Around the summer of 2025, two judgments were published on a highly topical issue: changes to home working policy. From the United States, a trend seems to be spreading to the Netherlands in which companies are trying to force employees to work from the office more often, or even full-time.
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13 August 2026
New Act on Transfer of Undertakings in Bankruptcy (WOVOF): consequences for employees and restart entrepreneurs
Some time ago, a blog was published on our website about the protection of employees in a restart following bankruptcy. It was relevant then and remains a topical issue now, as the Act on the Transfer of Undertakings in Bankruptcy (Wet Overgang van Onderneming in Faillissement, WOVOF) is approaching.
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16 July 2026
Love in the workplace: employment law considerations
Cupid does not let his arrows be guided by HR policies. That situations of love at the work place do not always come without consequences became clear again after the Coldplay concert end of 2025.
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29 June 2026
Pension compensation: a hot topic
Exactly one year ago, I wrote a blog about the impact of dismissal on eligibility for pension compensation from a pension provider.
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13 May 2026
Dismissal of an employee due to long-term incapacity for work
As an employer, you may terminate the employment relationship with a sick employee after 104 weeks of sickness. This can be done via a settlement agreement or with a dismissal permit from the UWV. But when exactly can you apply for such a permit?
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15 April 2026
What to consider with overtime?
Employment contracts specify the number of hours an employee works per week. However, employees may sometimes be expected to work beyond these agreed hours, especially when approaching critical deadlines.
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9 April 2026
Is an employer allowed to prohibit a dog in the workplace?
Employers have what is known as a right to issue instructions. This means they are authorised to unilaterally impose rules and guidelines on employees.
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