Can an Employer Monitor Remote Workers?
Remote work raises new questions about privacy
As working from home becomes more common, so do concerns about monitoring and surveillance. How far can an employer go in tracking employees? A recent case online showed a remote worker who placed a computer mouse on their smartwatch to simulate activity. But can an employer monitor, and punish, this kind of behaviour?
When is monitoring allowed?
Employers do have the right to monitor employees, but this right is limited. Under privacy legislation, monitoring must serve a legitimate interest, and that interest must outweigh the employee’s right to privacy.
Monitoring may be justified in cases such as:
Suspected fraud or abuse of work equipment
Monitoring improper use of company devices (e.g., streaming or online shopping during work hours)
Evaluating productivity when there are documented performance concerns
Employees must be informed in advance about monitoring policies and how company equipment may be used. For example, the employer should clearly state whether business laptops or phones may be used privately and whether usage may be monitored.
Case law: excessive private messaging
In a court case in Tilburg, a dispute arose over the use of a company phone. Over seven months, an employee sent at least 1,255 private messages during work hours. As a result, the employer refused to pay out unused vacation hours at the end of the employment.
The court sided with the employer. It calculated the lost productivity at around €1,500 and concluded that the number of private messages seriously affected the employee’s work performance.
Conclusion: clear agreements are essential
Monitoring is not allowed without reason, but it may be justified in cases of fraud, misuse, or serious underperformance. Employers must always be transparent about their monitoring practices. Employees should also be aware of their rights and obligations when using company devices.
This blog was written by Mr. Stijn Blom
Employment law attorney at expatlawyer.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and regulations – with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn’s page.
Expatlawyer.nl is happy to think along with you if you have questions about the topic of your monitoring employees? Feel free to get in touch.
June 2025
