With hybrid working and teleworking now well established in 2026, it has become difficult to control the pace of employees, and some companies have the inclination to want to monitor them. But be careful not to monitor your employees without their knowledge: you could find yourself in difficulties. With the advent of new technologies, the line between professional and personal life has become thin. However, it is legitimate to monitor what is happening in the company without falling into the trap of espionage. It is therefore appropriate to take stock of the legal techniques that you can use.
Focus on what the law says
Firstly, your status as a business manager gives you the right to control what happens in your business. However, it strictly prohibits you from spying on your employees without their knowledge, even when it comes to proving fault. Indeed, article 9 of the Civil Code provides for the protection of privacy, although the limits still remain unclear.
Consequently, before considering any surveillance system, you must refer it to your works council: the staff representatives will have to rule to verify whether you are respecting the rules of case law. In addition, if the works council validates your control tools, you must inform your employees of their existence, whatever it may be. Finally, be careful, because certain systems require you to refer to the CNIL in addition to the personnel institutions. The risks incurred for non-compliance with the rules dictated by the CNIL can thus amount to a fine of €300,000 and 5 years in prison.
The employer has the right to control his employees
Contrary to popular belief, labor law does not prohibit the employer from spying on its employees, provided that it does not use any illicit surveillance process to do so. The case lawdence is explicit:
“ The employer has the right to control and monitor the activity of his employees during working time” (Cass. Soc., November 20, 1991) and “the simple surveillance of an employee carried out at the workplace by his hierarchical superior, even in the absence of prior information from the employee, does not in itself constitute an illicit method of proof » (Cass. Soc., April 26, 2006).
However, there are restrictions: this right to spy is limited by article 9 of the Civil Code which protects everyone’s right to respect for private life.
Does your employer have the right to monitor your communications?
An employer also has an extensive right of access to computer equipment used in the workplace, a power often unknown to employees. Thus, your employer has access to:
- Your professional computer: This includes Internet connections, the list of saved favorites or history, files you have created or even emails sent or received via your work email.
- Your professional mobile phone: This access allows your employer to have records of incoming and outgoing calls, as well as text messages – or SMS.
- Your paper documents: All physical documents of a professional nature are also free for consultation by your employer, even if they are in your drawers or closed cabinets.
- The “personal” mention: Your employer can freely access these files, on the sole condition that they are not expressly marked “personnel”. This mention must be included in the title, in the file name or in the subject of the e-mail to be valid.
Your control tools to check the presence of your employees
You can then opt for a time clock, a badge system or even video surveillance. However, the use of the latter must justify a legitimate interest for your company (for example a security issue, or a clocking system by placing cameras at the entrances and exits of the company). Such systems require respect for the individual freedoms and privacy of your employees.
For example: you do not have the right to direct surveillance cameras continuously onto your employees’ workstations, nor to place them in certain places such as toilets, changing rooms or break rooms. In addition, they should only be used for taking images. If you are in a public space, you must request authorization from the prefect of your city. You must individually warn each employee of the existence of such tools, but also inform them of the maximum period of time you have to keep personal data (i.e. 30 days according to the “Informatique et Libertés” law). You can alert them by writing a note in the internal journal, sending an email or a note ofe service.
Monitor your employees for security purposes
According to recent studies published by reference organizations on digital uses in business, employees spend on average around an hour per day surfing the Internet for personal purposes (particularly on social networks, e-commerce sites and information platforms). You can use the Internet for personal purposes if it is not abused and does not interfere with your productivity. You are within your rights to maintain control and to supervise technically and legally the use of the Internet in the office.
Pay attention to essential information
By surfing the web, the employee can leak confidential information concerning the company or even endanger your company’s computer system by contracting viruses. To protect yourself, you can prohibit access to certain sites or limit them by setting a weekly duration. You can also use filtering or virus detection methods.
On the other hand, you have a legal obligation to keep the browsing history of your employees to guarantee the security of your company against possible information leaks or visits to illegal sites.
Attention ! You will find yourself illegal if your employees are not informed in the internal regulations and if you use tools such as software keyloggerswhich allows you to know everything your employees have typed on their keyboard.
If you use a geolocation system, you must declare it to the CNIL before setting it up, clearly specifying the reasons for such installation (real-time management of customer interventions, prevention against theft, monitoring and invoicing of a service). The data will then be sent directly to the relevant department. If it concerns billing tracking, the data will be sent to the accounting department and not to the employer. Likewise, if it is to protect against theft, personal information will be passed to the police and not to you.
Ensure employee productivity
In order to directly or indirectly manage the productivity of your employees, you can opt for the method of Mind mappingwhich allows you to have an overview of each project and to know its evolution according to each team and each individual. Several large companies use this project management method, such as EDF, Total and Air France. There is specialized software, but you can also do it in Excel table form (using a cocolor and filters for each employee or team).
Another element which may bebe disruptive to your employees’ working time: time for personal telephone conversations. You can therefore install a switch to check the duration of each call, as well as the number of calls for each number and each extension. You also have the option to check all communications via carrier statements.
In addition, the law sometimes tolerates listening to the telephone conversations of your employees to check their responses in a professional context (especially when it concerns after-sales service or telephone canvassing), but also to control the duration of the calls. Even if you can telephone for personal purposes, this practice must not become abusive, provided that employees have been informed in advance.
