DiPLab’s Thomas Le Bonniec Co-Authors EU Report on Worker Data Rights
We are delighted to announce that DiPLab PhD researcher Thomas Le Bonniec
contributed the France country analysis to a significant new report on worker
data rights under the GDPR, published by the Friedrich-Ebert-Stiftung (FES)
Future of Work programme and AK Vorarlberg.
Read the full report: Worker Data Rights under the GDPR and Beyond: Enforcement
and Legal Mobilisation Across the EU
Featuring contributions from leading national experts across Europe, the report
presents a comprehensive comparative analysis of how workers’ data protection
rights are enforced—and mobilized—across 10 EU Member States. It arrives at a
critical juncture for European digital labor governance, as the EU navigates the
Digital Omnibus, the Quality Jobs Act, and ongoing debates around a potential
Directive on Algorithmic Management.
The comparative analysis reveals several crucial insights:
* Limited and fragmented enforcement: Workplace GDPR enforcement remains uneven
across the EU, affecting both traditional data protection issues and emerging
challenges related to algorithmic management.
* Focus on traditional monitoring: Most enforcement cases still concern
conventional forms of workplace surveillance—CCTV, email monitoring, GPS
tracking—while data-intensive managerial practices, including algorithmic
management systems, often remain under-enforced. However, promising
enforcement initiatives are beginning to emerge in select Member States.
* Underutilized collective mechanisms: Workers’ representatives could play a
significantly stronger role in data protection, but existing
mechanisms—including Article 80 GDPR—remain insufficient, inconsistently
implemented across countries, or practically unused in practice.
* Need for EU harmonization: The report emphasizes the urgent need for clearer
EU-level harmonization and guidance on GDPR implementation and enforcement,
more consistent reporting procedures and practices among Data Protection
Authorities, preservation of the right of access under Article 15 GDPR
(currently at risk under the Digital Omnibus proposal), and strengthening of
collective data-protection rights in the workplace.