Economic Questions of the Day - McDermott Will & Emery

Economic Questions of the Day

Overview


Romain Perray participated in the high-profile French Radio program, “Radio Classique,” where he discussed the CGT of Leroy Merlin’s threat to take legal action after discovering a list of names of temporary workers with insulting comments posted on the company’s intranet site. Romain explained that although an employer has the right to collect data on its employees, this process is nevertheless subject to the law and must comply with certain conditions. He also added that collecting data is not illegal, and is even necessary in some cases, but what is problematic is the nature of the comments which were insulting, abusive or degrading in the Leroy Merlin case. The employer is obliged to inform his employees of the existence of such process in order for him/her to be able to exercise his/her rights of access to such data. The employer can however develop an internal procedure to avoid future controversies and in particular to ensure compliance with the GDPR.