| Monitoring employees- e-mail communication | AVM – Akademische Verlagsgemeinschaft München | 1., Aufl. | 2010
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A comparative analysis of employers’ criminal liability under British and German law, Buch, Softcover, 1., Aufl. This comparative law investigation assesses the risks of criminal liability of British and German employers intending to monitor their employees’ e-mail communications. Both legal systems have common European roots; however, on closer inspection they differ enormously. In Germany, the impact of basic rights leads to a more extensive protection of privacy than in Britain. This would seem to hamper German employers significantly in forcing their interests, and in acting against misuse of corporate e-mail facilities. In contrast, British employees’ privacy rights are largely unprotected against intrusive behaviour of employers. As a result, a modification of the more preferable German legal situation is suggested in order to create a more favourable balance between employers’ monitoring interests and employees’ privacy rights. Furthermore, guidance to employers is provided in how to implement an adequate and effectual e-mail policy in both Britain and Germany. Paperback.

This comparative law investigation assesses the risks of criminal liability of British and German employers intending to monitor their employees e-mail communications. Both legal systems have common European roots, however, on closer inspection they differ enormously. In Germany, the impact of basic rights leads to a more extensive protection of privacy than in Britain. This would seem to hamper German employers significantly in forcing their interests, and in acting against misuse of corporate e-mail facilities. In contrast, British employees privacy rights are largely unprotected against intrusive behaviour of employers. As a result, a modification of the more preferable German legal situation is suggested in order to create a more favourable balance between employers monitoring interests and employees privacy rights. Furthermore, guidance to employers is provided in how to implement an adequate and effectual e-mail policy in both Britain and Germany.