A lot of data comes together in professional life. What used to be written on paper now happens in emails and WhatsApp chats. Regardless of whether you are in contact with customers or colleagues: New data is created every working day. This issue has now become a dispute in court.
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Do I get all the emails?
After his dismissal, a business lawyer wanted his former employer to hand over all the e-mails that he had sent on business. He referred to the General Data Protection Regulation. The Federal Labor Court in Erfurt has now ruled:
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The man doesn’t get the mail.
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Because asking for all mails across the board doesn’t work, the court said. “The principle of certainty applies,” adds lawyer Thomas Kinschewski in an interview with MDR JUMP. It must be specified exactly which data is required. A blanket requirement for all e-mails therefore does not work.
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Does this also apply to professional WhatsApp groups?
Many people also communicate professionally via chat apps such as WhatsApp or Telegram. Can a copy of the communication be requested after the end of a job?
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WhatsApp messages are usually part of my smartphone. But when others exchange WhatsApp messages about me – whether I can ask for them – that is not clear. I risk the prognosis: No, that falls under postal and telecommunications secrecy.
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Kinshevsky also doubts whether the former employee has to delete the chats himself after a termination.
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As an employee, I am also not entitled to have the e-mails I wrote deleted.
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File number: 2 AZR 342/20
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Our expert
Important judgments that can affect our lives are made almost every day in the courtroom. Every week, attorney Thomas Kinschewski presents the most interesting things in short form at MDR JUMP on the weekend.
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