Section 79a of the Works Constitution Act (BetrVG) clarifies that the employer is responsible for data processing by the works council under data protection law. Consequently, the employer’s data protection officer is also responsible for the works council. One of the data protection officer’s responsibilities is to monitor compliance with data protection regulations (Article 39 (1) (b) GDPR). The data protection officer is therefore also responsible for monitoring compliance with data protection regulations in the work of the works council. Such monitoring should, of course, always take into account the special status of the works council and be carried out in close coordination with it the employee representation.
Church employee representatives the employee representation
The counterpart to the works council in church institutions is the employee representative body. Neither the Protestant Data Protection Act (DSG-EKD) nor the Catholic Data Protection Act (KDG) nor the regulations governing employee representatives (MVG-EKD and MAVO) contain any provisions regarding. The data protection responsibility of employee representatives as set out in Section 79a of the Works Constitution Act (BetrVG). Nevertheless, switzerland business fax list even without explicit legal clarification. It can be assumed that employee representatives are assigned to the employer as the data protection controllers.
Employee representatives in Protestant institutions
The Protestant data protection supervisory authority also shares this view, as the Commissioner for Data Protection (BfD EKD) clarifies in a statement on its website . It states that local data protection officers—the Protestant version of the invalid recipient email addresses data . Protection officer—are authorized to monitor employee representatives. For employee representatives who previously considered themselves responsible for data protection, it is clear that this view is no longer tenable. They can no longer evade cooperation and monitoring by the local data protection officer.
Employee representatives in Catholic institutions
The Catholic supervisory authorities have already taken a position on the issue of responsibility in their 2021 activity reports. It is striking that the albania business directory Catholic Data Protection Inspectorate North and . The Catholic Data Protection Center are rather reserv. Their wording. They state that Section 79a of the Works Constitution Act (BetrVG) can also be us. Interpret the issue of responsibility in the Catholic sector. The Catholic Data Protection Inspectorate East, on the other hand, clearly expresses the view that the employer is responsible for the processing activities of the employee representative body.