If a company suspects that an employee is using their work computer for personal purposes, they may access said computer to confirm their suspicions and take appropriate measures against the employee (such as suspension without pay or dismissal, for example). However, they cannot access personal folders, private accounts, or intimate information. For these purposes, computer monitoring must be carried out to verify compliance with work obligations while respecting the privacy rights of the individual.

To ensure that the company respects the employee's right to privacy, it must meet the triple proportionality test established by the courts. That is:

• Justify its actions. Specifically, there must be a legitimate reason (evidence of poor work performance, failure to comply with company orders, etc.). The key is to document that the company needs to conduct this computer monitoring because otherwise, it cannot verify the proper use of the computer.
• Act with proportionality. To do so, they must only access the necessary information to corroborate their suspicions (the hard drive where corporate documentation is stored, without accessing personal folders).
• Do not access private accounts. This means that if the employee is using a personal cloud service or has their personal email open, access should not be granted without their authorization.

In any case, the company must have previously informed its employees that it reserves the right to verify the proper functioning of the electronic tools provided to them: work computer, mobile phone, etc. In other words, it can monitor how employees use the computer equipment it provides, as long as prior notice has been given. Therefore, it is advisable to regulate its use in an internal policy, stating that monitoring may occur and warning of the consequences of non-compliance.

Our professionals will provide you with information on any doubts you may have regarding the use and monitoring of computer tools in the company.