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Newsletter January, 2023

European Court of human rights: Decision on the use of data collected by the GPS system installed in a vehicle used for work purposes

January, 2023
  • In Gramaxo v. Portugal judgment (no. 26968/1616), on 15 December 2022, the European Court of Human Rights established that it is legitimate the dismissal decided by the employer based on data collected by a GPS system installed on a vehicle used for work, to track the kilometres travelled. 
  • It is the first time the Court ruled on a case of surveillance at work through a geolocation system, setting out the criteria to ensure the correct balance between the rights of the employee and the employer and the possibility of using the data collected in the process.
Newsletter May, 2022

New York: employers have to notify employees of any electronic monitoring

May, 2022
  • On 7 May 2022, the amendments to the New York Civil Rights Law, introduced on 8 November 2021 by New York Governor Kathy Hochul, entered into force.
  • New York employers are now required to explicitly notify employees if their electronic activity will be monitored and to obtain written acknowledgment from employees.

Canada: the Government of Ontario passed the Working for Workers Act, 2022

May, 2022
  • On 7 April 2022, the Government of Ontario passed Bill 88, the Working for Workers Act, 2022, that received Royal Assent on 11 April 2022 and is now in force.

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