Categories: Insights, Publications · News, Publications

Tag: Dismissal, Licenziamento, protezione dei dati personali


30 Oct 2025

Use of personal devices for business purposes. What are the employer’s risks?

The Spanish Data Protection Authority (i.e. “AEPD”) initiated sanction proceedings against a Spanish company belonging to an international group, following a complaint filed by a former employee.

The employee alleged that the company had added her personal mobile phone number to a corporate WhatsApp group, without her consent, for work-related purposes while waiting to receive a company phone – which she never actually received. Before taking a holiday, the employee had expressly notified the company by email that she would stop using her private number for work matters and had left the corporate WhatsApp group. However, only a few days later, her number was added again to a company group chat. The company argued that the inclusion was temporary, pending delivery of the business phone, and that WhatsApp groups were used solely for internal work communications among employees.

The AEPD, however, found that the use of the employee’s personal number without consent violated Article 6, paragraph 1, of the GDPR, which requires a lawful basis for any processing of personal data.

Legal basis and decision of the Authority

The Spanish Authority recalled that a personal mobile phone number is a personal data item, and that its use to include an employee in a corporate messaging group constitutes data processing which must rely on one of the legal bases set out in Article 6, paragraph 1, of the GDPR.

  • The GDPR requires that personal data be processed lawfully – Article 5 (1)(a).
  • For processing to be lawful, one of the following conditions must be met – Article 6 (1):
  • the data subject has given consent to the processing of their personal data for one or more specific purposes;
  • the processing is necessary for the performance of a contract to which the data subject is party, or in order to take steps at the data subject’s request prior to entering into a contract;
  • the processing is necessary for compliance with a legal obligation to which the controller is subject;
  • [omitted].

In the case under review, there was no consent from the data subject, nor any contractual necessity or other legitimate ground for processing. Moreover, the Spanish Authority stated that the existence of an internal company policy on the use of mobile devices does not exempt the employer from the obligation to establish a proper legal basis for processing.

The company was therefore fined €70,000, reduced to €42,000 after it acknowledged the violation and opted to pay the reduced amount. The AEPD also ordered the company to adopt corrective measures to ensure future compliance with the GDPR.

Bring Your Own Device

BYOD (Bring Your Own Device) policies are corporate rules governing the use of personal devices – such as smartphones, laptops, or tablets – for work-related purposes.

In practice, a BYOD policy sets out how employees may use their personal devices to access corporate data, emails, or applications, and defines the relevant security measures.

It is always preferable for companies to provide corporate devices and maintain a clear separation between personal and business tools. However, if the employer decides to allow employees to use personal devices for business purposes, a documented internal policy should be adopted, regulating:

  • cybersecurity requirements,
  • limits on use,
  • measures to protect employee privacy,
  • procedures for deletion of corporate data,
  • information and consent obligations (where applicable).

Other related insights:

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 marzo 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 marzo 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…