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BAG: Employer may access contents of privately used business device

In view of the widespread activity of home offices since the outbreak of the Corona pandemic and the associated problems and risks, we would like to take this opportunity to once again refer to the Federal Labour Court (BAG) ruling on access to the contents of a privately used device (BAG, dated January 31, 2019 – 2 AZR 426/18). According to this ruling, the employer is entitled to view files that are located on a business device and are not marked as “private” or are obviously private in nature – even if there is no justified suspicion of a criminal offence or serious breach of duty.

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