GPS Tracking Employees: What's Legal?

GPS tracking of employees is a sensitive topic. On one hand, it offers companies valuable benefits for scheduling and time tracking, on the other hand, it touches on employees’ personal rights. In this article, we clarify what’s allowed and what you need to consider.

The Legal Framework

In Europe, GPS tracking of employees is primarily regulated by the General Data Protection Regulation (GDPR). Additionally, employment law aspects and personal rights play a role, with specific regulations varying by country.

Basic Principle: Proportionality

GPS tracking is only permissible when:

A legitimate interest of the employer exists
The measure is proportionate
The interests of employees don’t outweigh the employer’s
A legal basis exists

When Is GPS Tracking Allowed?

The safest legal basis is the voluntary consent of the employee. This must be:

Voluntary (without pressure)
Informed (the employee must know what’s being tracked)
Revocable (at any time)
Documented (in writing)

Important: In employment relationships, voluntariness is critically assessed due to the dependency relationship. Consent alone is often not sufficient.

2. To Fulfill the Employment Contract

GPS tracking can be permissible if it’s necessary for performing the employment relationship. Examples:

Documentation of working hours for mobile employees
Proof of presence at the job site for clients
Route optimization for delivery services
Safety during dangerous assignments

3. Through Collective Agreements

For companies with works councils or unions, a collective agreement is the best approach. It creates clear rules for:

Scope of data collection
Storage duration
Access rights
Purpose of use

What Is Prohibited?

Clearly impermissible is GPS tracking:

For covert surveillance of employees
Outside working hours (private sphere)
Without informing the employee
For performance monitoring in the narrow sense
At stationary workplaces without objective reason

Best Practices for Legal GPS Tracking

1. Create Transparency

Inform your employees before implementation:

What is being recorded?
When is it recorded? (only during working hours)
Who has access to the data?
How long is data stored?

2. Observe Purpose Limitation

Use GPS data only for the stated purpose:

✅ Time tracking at the job site
✅ Proof for clients
✅ Route planning
❌ Performance surveillance
❌ Creating movement profiles

3. Data Minimization

Only collect the necessary data:

Location only at clock-in and clock-out
No permanent tracking during work
No storage beyond the necessary duration

4. Technical Measures

Implement privacy by design:

Encrypted transmission
Access controls
Automatic deletion periods
Separation of work and private use

How Crew Active Does It

At Crew Active, we’ve implemented GPS tracking in a privacy-compliant manner:

Point-in-Time Capture Instead of Continuous Monitoring

GPS data is only captured at two events:

When clocking in at the job site
When clocking out after work is done

There is no continuous location tracking.

Transparency for Employees

Employees see their own GPS data in the app
Clear information about when location data is captured
Option to use time tracking without GPS

Technical Security

Encrypted data transmission
Servers in certified data centers
Automatic deletion after defined periods
GDPR-compliant data processing

Conclusion: GPS Tracking with Measure

GPS tracking of employees is not fundamentally prohibited, but is subject to strict requirements. With the right approach, companies can use the benefits without violating their employees’ rights:

Inform your employees openly
Document the legal basis
Limit data collection to what’s necessary
Protect the collected data appropriately
Respect privacy outside working hours

Note: This article is for general information and does not replace legal advice. For specific questions, please consult a specialized attorney.

Try Crew Active: Our privacy-compliant time tracking with optional GPS verification. 14 days free.