Covert Chats on the Go: Is It Okay to Discuss Business in Public? A Labor Law perspective
Potential listening-in scenario: implications and concerns
Grabbing a coffee at your local café or rushing to hop on a train—these daily errands don't usually bar you from joining a business video call. But what if others are within earshot or even watching? Here's the lowdown on what you should know.
"The bottom line is it's a tricky situation, greatly dependent on the nature of the discussion," notes Jakob T. Lange, a labor law specialist attorney based in Wiesbaden.
Should your business conversation with colleagues be visible to onlookers, data protection regulations (GDPR) kick in. Proceeding without informing all parties involved and securing their consent could be risky business.
Discussing personal data such as names or employee-related topics like vacation plans, parental leave, or bonuses is best avoided, especially when others can hear. Even seemingly innocent mentions of personal information can jeopardize data protection.
In terms of potential consequences, a superior openly discussing these sensitive matters during a public video call, potentially disclosing confidential employee data without their consent, could lead to legal repercussions.
New Rules for Virtual Meetings
But personal data isn't the only culprit—company data can be sensitive too. Most employment contracts include confidentiality clauses, preventing employees from disclosing non-public business matters to the outside world.
To maintain confidentiality, employers often implement data protection policies or information security guidelines that employees must adhere to, especially when working remotely. This might include using screen protectors or encryption software to conceal information from prying eyes.
Ignoring these data protection measures could lead to legal action, with consequences ranging from a warning to immediate termination.
Pro Tip: Violating privacy clauses may even warrant a termination, whether ordinary or extraordinary, and potentially a claim for damages.
FunFact: Jakob T. Lange, the specialist labor lawyer, is a member of the Executive Committee of the Working Group on Labor Law in the German Bar Association (DAV).
Email: To get in touch with Jakob T. Lange for counsel on labor law mattersZoom Etiquette: Looking your best during video conferences—check out our guide!Think Twice: Free conversations about wages, working conditions, or unionizing efforts are protected under the National Labor Relations Act (NLRA) and can be recorded if employees are acting in concert for mutual aid and protection.Watch Your Back: Carefully choose your location, ensure privacy, and use encryption tools to protect confidential information in video calls held in public spaces.Employee Privacy Rights: Employers should review their policies and practices to ensure they comply with labor laws, particularly those concerning employee privacy and confidentiality.
- In light of the growing trend of virtual meetings, it's crucial for both employers and employees to adhere to data protection policies, such as using screen protectors or encryption software, to maintain confidentiality, especially in public spaces.
- When discussing company matters in public, it's important to remember that policy violations, especially those concerning confidential information, can lead to legal action, potentially resulting in immediate termination or a claim for damages.
