Monitoring employees' e-mail communication

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.