Home office regulations continue

Apr 21, 2021 Benn-Ibler Rechtsanwälte

The recently adopted legal home office regulations could not completely convince the opposition parties SPÖ and NEOS. They criticize the lack of regulations in the areas of data security, data protection and mobile working and have tabled motions for resolutions in parliament.

According to the motions, on the one hand, the Minister of Labor should be called upon to "evaluate regulations on data security as well as data and business secrecy protection in the home office and to submit a government bill to the National Council by 1.9.2021 at the latest, which contains a specification of a risk management system (data security) as well as special regulations on data and business secrecy protection for work in the home office [...]".

This motion specifically aims to ensure that security systems are put in place for home office work and that instructions and briefings are given regarding cyber security and data protection.

The petitioners see it as particularly problematic that private devices (Bring Your Own Device, BYOD) of employees are used in home office. According to the motion, an "affirmation" of the employer's responsibility under data protection law, also with regard to BYOD, is demanded for the future draft.

In the area of data protection law, it is proposed to use the opening clause of Art 88 (1) of the General Data Protection Regulation (GDPR) to create a separate "employee data protection law".

The second motion of the opposition concerns the definition of home office in the most recently adopted legal regulation.

The criticism raised is that the regulations are limited to "work performed at home". So-called "mobile working", i.e. working outside the workplace at a place other than the home, is thus still not specifically regulated.

The petitioners therefore demand that - in line with the "economic reality of the 21st century" - mobile working should also be included in the home office provisions under labor and social security law. Both motions were assigned to the Committee on Labor and Social Affairs.

1427/A(E) XXVII. GP - Entschließungsantrag

1437/A(E) XXVII. GP – Entschließungsantrag