Effective data protection in the works council: Why consulting is essential
The importance of data protection for the works council
The works council represents the interests of the workforce within the company. Since the introduction of Section 79a of the Works Constitution Act (BetrVG), data protection has become a key issue for works councils.
This change in the law obliges works councils to exercise particular care when processing personal data. This applies to all activities – from personnel matters and workplace integration management to the content of works agreements. Data protection means not only complying with legal requirements, but also protecting the trust that employees place in their representatives.
What is often overlooked is that even if the works council acts independently, the employer remains responsible for compliance with data protection regulations under the GDPR. If data protection regulations are violated, the employer can be prosecuted – regardless of whether they had any influence on the works council's data processing.
Challenges for the works council in handling personal data
The independent organisation of data protection processes often presents the works council with major challenges. On the one hand, there is the concrete implementation of deletion concepts, i.e. how personal data that is no longer required is destroyed securely and correctly. On the other hand, the GDPR requires that processing procedures and protective measures taken are documented. A register of all processing activities is not only mandatory for employers, but also applies to the works council in accordance with Art. 30 GDPR.
Another key issue is data security in the works council office: Who is allowed to enter the office? How is access to sensitive documents regulated? How are documents disposed of in accordance with data protection regulations? In addition, there are information obligations towards employees or applicants and the correct response in the event of a data protection incident. In such cases, it is crucial that the works council and the employer work together professionally to avert damage to the company and those affected.
Data protection as an opportunity for cooperation: how employers and works councils benefit
Organisation and agreements as the key to success
Even with the works council's independence in data protection, the employer remains responsible. To reduce the risk of data protection violations, it is advisable to establish clear organisational rules and agreements between the employer and the works council. Such agreements can specify, for example, how the respective data protection obligations are to be fulfilled, how processes are to be documented and how IT and data security measures are to be implemented. Regulations on how to deal with data breaches or inform affected parties can also be agreed.
Transparent and structured cooperation creates a solid basis for day-to-day practice. It makes it easier to implement legal requirements and gives both sides certainty – especially when new technical solutions are introduced or the legal framework changes.
Strengthen data protection in the works council with knowledge and tools
Innovative tools and digital solutions offer valuable support for works councils. Specialised management systems help to document internal processes, use templates for deletion concepts or adopt templates for agreements. Modern e-learning offerings also promote knowledge of data protection directly where it is needed. This ensures that works council members are always well informed about current requirements and best practices for implementation.
Building data protection expertise in the works council not only strengthens the position of employee representatives, but also creates security for the employer. Partnership-based cooperation ensures smooth processes and signals to employees that their data is being handled responsibly within the company.
Act now: data protection expertise for your works council
The data protection requirements for works councils are complex and constantly evolving. With sound advice, tailor-made tools and practical training, all challenges can be mastered with confidence. Close cooperation between the works council and the employer ensures the successful protection of personal data and strengthens mutual trust within the company.
Do you need support in implementing data protection requirements in your works council? Or would you like to make your processes more efficient and minimise risks? Then get in touch with us – we offer expert advice and practical solutions for your individual needs.
Act now for more data protection and security in your company – we are happy to support you!