News & Analysis as of

European Court of Human Rights

Employee monitoring – avoiding pitfalls in a changing landscape

by White & Case LLP on

Recent developments in case law and regulatory guidance have emphasised the need for employers to be cautious when implementing systems to monitor employees....more

Portuguese Children Crowdfund Climate Change Suit Against 47 Countries

by Latham & Watkins LLP on

Six Portuguese children are raising funds to sue 47 European countries, asserting that their right to life has been threatened because governments have allegedly failed to adequately deal with climate change. With the...more

European Court Limits Workplace Email Monitoring

by Littler on

In its recent Grand Chamber judgment, the European Court of Human Rights held that employers can monitor an employee's email only if they provide advance notice. By a vote of 11-6, the Court found that failure to provide such...more

European Court of Human Rights Sets New Boundaries on Monitoring Employees in the Workplace

by Faegre Baker Daniels on

The Grand Chamber of the European Court of Human Rights (ECtHR) has clarified the law surrounding the monitoring of employees’ private communications in the workplace. The decision overturns the earlier ruling of the lower...more

Looking the Other Way: European Court of Human Rights Grand Chamber Determines Employer Monitoring of Electronic Communications...

In a case highlighting the European Continent’s approach to worker privacy, the Grand Chamber of the European Court of Human Rights ruled that employers may violate employees’ rights when monitoring their electronic...more

European Court Restricts Employer Access to Employee’s Private Communications

by Orrick - Trust Anchor on

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

European Court Rules On Employee Monitoring Programs And Privacy

by Jackson Lewis P.C. on

The Grand Chamber of the European Court of Human Rights (ECHR) issued its decision in the case of Barbulescu v. Romania (application no. 61496/08) on September 5, an appeal from a determination by the Romanian courts...more

European Court Provides Further Clarity on Employee Monitoring

by BakerHostetler on

The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Barbulescu v Romania (Barbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The...more

Employee privacy and monitoring

by Dechert LLP on

The Grand Chamber of the European Court of Human Rights (ECtHR) held in Barbulescu v Romania (Application no. 61496/08) last week that there was a breach of the right to privacy where an employer searched the contents of an...more

EU Case Confirms That Employers Do Not Have Carte Blanche For Workplace Monitoring

by Reed Smith on

In early 2016, a European Court of Human Rights (ECHR) case (Barbulescu v. Romania) attracted much publicity because it appeared to give employers the green light to read employees’ private emails. The decision in the...more

Employment News - September 2017

by Hogan Lovells on

Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

European Court Proposes Criteria for Assessing Employee Monitoring Activities

by Hogan Lovells on

On September 5, the European Court of Human Rights (ECHR) issued a ruling in the case of Barbulescu v. Romania that affirms employees’ right to privacy in the use of communications tools in the workplace. Although the ruling...more

European Court of Human Rights Overturns Decision on Employee Email Monitoring

by McGuireWoods LLP on

Back in January 2016 Sarah Thompson reported on the European Court of Human Rights (ECHR) which ruled in favour of an employer who had terminated an employee’s employment, after investigating his misuse of a company email...more

ECHR Ruling: Dismissal Based on Monitoring of Employee’s Communications Illegal

by Bryan Cave on

Be aware! Today’s decision of the European Court of Human Rights (“ECHR”) may force companies to rethink their policies on private internet use of their employees at work (No. 61496/08). The Straßburg court held a...more

European White Collar Crime Report: Views on the key developments across Europe

by Allen & Overy LLP on

Europe at a glance - Across Europe, law makers are steadily expanding the circumstances in which companies can be found liable (whether criminally or otherwise) for the criminal conduct of their employees and other...more

Diplomatic Community-May 2017

by Kelley Drye & Warren LLP on

Kelley Drye’s Diplomatic Community is our quarterly newsletter that provides updates on public international law developments with a focus on diplomatic legal issues, international organizations, the law of immunities and...more

The European Court of Justice (ECJ) and the banning of headscarves in the workplace

by Dentons on

Two highly anticipated cases involving the legality of banning headscarves in the workplace were decided by the ECJ this week. Achbita and anor v. G4S Secure Solutions NV (Case C-157/15) involved a company that...more

German Labor Court Allows Review of Employee’s Browsing History

European courts continue to clarify the right of employers to review their employees’ emails. As we discussed previously, the European Court of Human Rights and the National Labor Relations Board of the U.S. have recognized...more

Enforcement Of EU Member State Judgment

by Allen & Overy LLP on

Enforcement proceedings are not the appropriate avenue for appealing a foreign court judgment on the merits, and recognition and enforcement of an EU Member State judgment can only be refused in exceptional circumstances. In...more

Further Insights: How the Recent Barbulescu Decision Impacts Employers in Europe and the United States

Last month, we blogged about the much discussed ECHR Barbulescu opinion. As a follow up, we wanted to provide further insights to multi-national employers about how this European decision compares to the position in the...more

Barbulescu v. Romania clarifies an employers' rights to monitor the contents of their employees' private electronic communications

by White & Case LLP on

On January 12, 2016, the European Court of Human Rights ("ECtHR") delivered a judgement in Barbulescu v. Romania regarding the employers' right to access their employees' private communication. Following the judgement, a...more

Employment Matters Monthly - February 2016

by Mintz Levin on

A Note from the Editors - If January was a harbinger of what's in store for 2016, it's sure to be a busy year for HR professionals and employment attorneys. And Employment Matters is certainly here to guide you along the...more

European Court of Human Rights Rules Employers Can Read Employees’ Emails

Last month, the European Court of Human Rights (“ECHR”), in the case of Barbulescu v. Romania, issued a ruling about the rights of employers to monitor their employees’ online communications, including those via personal...more

Russian law on the priority of the RF Constitution over resolutions of intergovernmental human rights bodies

by White & Case LLP on

On 15 December 2015, Federal Constitutional Law No. 7-FKZ dated 14 December 2015 "On amendments to the Federal Constitutional Law 'On the Constitutional Court of the Russian Federation'" (the "Law") prepared pursuant to...more

Monitoring of Employee Communications

by Faegre Baker Daniels on

In Barbulescu v Romania 61496/08 [2016] ECHR 61, the European Court of Human Rights (ECHR) considered whether an employer’s monitoring of an employee’s private communications had breached his right to privacy under the...more

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