Is It Illegal to Use Employee Monitoring Software? Answered!

Is it Illegal to Use Employee Monitoring Software?

In a word, no, it’s not illegal to use employee monitoring software in your business. However, its legality is a gray area that depends on how you use the software and what region your business operates in. In most countries, it’s legal to monitor employees as long as you keep it transparent.

In most countries, employers are allowed to monitor employee activities if:

• They disclose it clearly.
• The monitoring is proportional and work-related.
• Employee consent or acknowledgment is obtained (in many regions).

On the other hand, it also becomes risky when employee monitoring goes too far into one’s privacy. For instance-

• When employers track employees without their consent.
• Collect employees’ personal data without their permission.
• Tracks and monitors off-duty hours.
• When employers record sensitive information that is not related to work.

As a business, if you follow any such cases, it falls outside the employee monitoring ethics. As a result, it may lead to business lawsuits, penalties, and loss of your employees’ trust.

However, if you follow the golden rule of transparency, proportionality, and consent, it would be considered both ethical and legal to monitor your employees.

Employee Surveillance Laws In Different Regions You Must Know

Though employee monitoring is considered legal in most countries worldwide. However, the legality of employee monitoring also varies depending on the region-wise laws:

1. United States

In the U.S., employers generally have broad rights to monitor their employees' activities. The law works especially on company-owned devices and networks.

The United States follows two different employee monitoring laws. i) Federal laws and ii) State laws.

The Federal laws set the basic limitation on electronic communication through the Electronic Communications Privacy Act (ECPA). Besides, the state laws vary significantly from state to state. They cover calls, video, GPS tracking, and social media monitoring. Their goal is to balance employer needs and employee privacy based on particular states.

2. European Union (GDPR)

The EU has some of the strictest privacy regulations in the world. Here are the key criteria, employers can monitor employees under GDPR compliance:

• They should be transparent. Employees must be informed in advance.
• The purpose must be necessary. They can monitor employees only for legitimate business purposes.
• The amount of monitoring should be proportionate. It can not be excessively intrusive.

If a company fails to comply with these rules, it might get heavy fines. This can also cause reputational damage, which is a key fundamental to running a successful and reliable business process.

3. United Kingdom

Unlike other European Union countries, UK law allows monitoring when it is justified and proportionate.

Employee surveillance in the UK is governed by data protection laws, primarily the UK GDPR and the Data Protection Act 2018. According to the laws, employers are expected to conduct an impact assessment before implementing surveillance. To apply this, they must also need to inform their employees through company policies or direct communication.

4. Canada

In Canada, employee monitoring is guided by privacy laws that aim to protect individual rights first.

Employers can monitor staff, but only if the surveillance is reasonable, necessary, and clearly explained. Besides, secret monitoring is rarely allowed and also challenged by the legal authorities. Their law emphasizes privacy by default. Which means your business must justify why monitoring is required before applying it directly.

5. Australia

Australia takes a different approach to using employee monitoring.

Their surveillance laws are set at the state and territory level, and many regions require written notice before monitoring begins. For example, in New South Wales and the ACT, employers must give at least 14 days’ notice to them.

Moreover, covert monitoring is permitted in some cases but only with special legal authorization.

This approach also makes Australia’s framework more procedural and notice-driven compared to Canada’s privacy-first model.

3 Best Compliance-Friendly Remote Employee Monitoring Software

Most software to track employee activities is compliance-friendly and ethical to use. However, with packs of options available, some tools do not disclose but secretly collect user data. This makes it risky for both the employer and employees.

The good news is, there are still a few that stand out for their reliability, trust, and transparency. Software that makes your management feel like using the most ethical surveillance solution they have ever used.

What are these? Here are the top 3 legal employee monitoring software that are worth your investment:

1. Apploye

Apploye automatic screenshot time tracker is a versatile solution that is widely used for both remote and on-site teams. By efficiently adjusting to both mobile and desktop devices, Apploye stands out as the most flexible time tracking tool. Employers or employees, virtual or field workers, all can use this GDPR complaint solution for their convenience.

What makes Apploye employee monitoring software a site is that it only uses very basic information to run the solution on users’ devices. It collects minimal data and ensures its safety. So, users feel more transparent, secure, and reliable to using the platform.

2. Toggl Track

Toggl Track is a simple and user-friendly time tracking tool trusted by teams of all sizes. It upholds a privacy-first approach that focuses on giving clear, accurate insights into productivity while keeping employee trust intact.

3. Clockify

Clockify is another popular choice for businesses looking for a legal and compliance-friendly monitoring solution. It allows teams to track time, manage projects, and generate detailed reports from anywhere. Employees can also view their own records, which adds a sense of fairness and trust to the process.

Create a Better Workforce with Legal Employee Monitoring

Employee monitoring software does not snatch away employees’ privacy. They follow the basic process, like monitoring screens, tracking time, or sending reminders.

Even most of the employee monitoring software contains privacy policies that declare their application procedures clearly.

Before you jump with a random tool, research and analyze how they ensure your privacy. Because these tools not only keep your business complaints friendly. They ensure your ethical employee monitoring, trust, transparency, and accountability across virtual and on-site teams.

Prefer using reliable computer monitoring software like Apploye that gives you a better approach to creating a balanced workforce without making them feel insecure.