The proper management of employer checks that can be carried out by an employer is an issue that has always been sensitive for companies today made even more relevant by the spread of increasingly advanced technologies and tools. Recent pronouncements of the Court of Cassation have reaffirmed some fundamental principles on the legitimacy of employer checks, whether through investigative agencies or through access to computer tools used by workers. It is therefore essential for employers to understand how to balance the protection of corporate interests with respect for employees’ privacy.
Controls on company devices
In the context of defensive controls, the employer may need to access company devices and work tools provided to employees such as, by way of example, laptops, telephones and e-mail boxes. On this subject, it is worth mentioning the latest ruling, in chronological order, of the Court of Cassation, which ruled on the legitimacy of employer controls carried out, specifically, through access to the e-mail box.
The Court of Cassation, in its Order No. 807 of 13 January 2025, reiterated that the employer may only access an employee’s company e-mail in the presence of a well-founded suspicion of wrongdoing. The check must therefore be justified by a concrete assumption of wrongdoing and cannot be conducted arbitrarily or retroactively.
This issue calls for important reflection on the subject of employer controls in a context in which new technologies have considerably broadened the possibilities of monitoring. It is therefore essential to clearly define the boundaries to be considered in order for the actions taken and any data collected to be considered legitimate and compliant with the current legal framework. If these boundaries are not respected, the consequence is that information that could confirm the commission of offences is unusable.
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