Use your corporate mobile phone for private and business purposes
No private use without express authorization
Employees who wish to use their company’s cell phone for private purposes must obtain permission from their supervisor. Legal certainty only exists with their consent. If there is only one tolerance, the employees have the burden of proof in the event of a dispute.
Both parties are recommended to write down details of cell phone usage in detail. Coverage of costs, data security and confidentiality, and out-of-hours availability must be determined. In this way, misunderstandings and misinterpretations can be avoided and all those involved are optimally protected by labor law.
If the employer expressly excludes private use, employees can use their company’s mobile phone to:
– Do not make private phone calls,
– do not send private messages,
– Do not check private emails and
– Do not use the Internet or applications for private purposes.
Data protection on company mobile phones: to be taken into account
Data protection is one of the most important points when using a company’s cell phone for private purposes. The safety of work on the move must be ensured above all if sensitive data such as phone numbers, internal reports or trade secrets are stored on the device. WhatsApp Messenger in particular poses a problem in this regard as it does not work with General Data Protection Regulation (General Data Protection Regulation).
When you use the app, the entire address and phone list, including names, phone numbers, and email addresses, is sent to US servers whether or not the contacts are from the US. WhatsApp users themselves. This means that there is no data protection legality for the transfer of personal data in accordance with Art.6 GDPR.
So many employers limit private use so that only company-approved apps can be installed. In addition, the connection to public networks may be blocked for data protection reasons.
Check the company’s cell phone: what can the president do?
An employer is allowed to monitor company cell phones that are not fully approved for private use. It is allowed to listen to phone calls, read e-mails and view stored files such as photos, videos, text files and audio files. Connection logs and visited websites can also be checked.
In case of emergency, a GPS tracking For a contractually approved mobile phone for commercial use only. However, there must be a valid reason and employee consent for it. If these preconditions are not met, monitoring of the site means a violation of privacy and personal rights.
While employees are allowed to use their company’s cell phones privately, their employer’s controls are taboo. If an employee does not expressly agree to a review, his supervisor must respect the confidentiality of communications.
No obligation to be available at all times
Employees who have received a company cell phone from their employer do not need to be available at all times. The smartphone can be switched off after work, on Sundays and on public holidays, unless the employee is on call. However, there is also a separate bonus or vacation instead. It is better to stay at home during the holidays, so as not to be tempted and at the same time to avoid unnecessary risks.
Liability for defects, loss or theft
If the smartphone is damaged, the business owner is usually responsible. Employees should only pay for damages if they have been caused by gross negligence. The same goes for theft. There is gross negligence, for example, if the cell phone is left in the open car so that it is visible and easily accessible to thieves. If a cell phone is stolen despite proper security measures, it is most often a case of slight negligence.
Does the employee not have a cell phone for their business? Password or PIN is lockedThe damage caused by theft can increase dramatically. In these circumstances, a data protection breach threatened with a fine under the GDPR such as trade secret espionage or a hacker attack carried out using stolen data may be conceivable. In this case, the employee must not only replace the smartphone, but also take responsibility for the consequences resulting from the loss.
What are the useful rates for the company’s cell phones?
It depends above all on the use of the smartphone. If the company’s mobile phone offers the widest possible range of functions and, if necessary, will serve as the only service connection, a Price with flat rate for all networks and unlimited data volume.
A business cell phone with the option of private use offers businesses and employees a number of advantages. The business owner avoids the myriad risks that come with using private cell phones for business purposes. Employees save the cost of acquiring a private cell phone, the stress associated with multiple smartphones, and at best even the costs of communications and data for private use.
For a win-win situation to result from the provision of the company’s mobile phone, the rules of the game of use given by the employer must be respected. It also means that the mobile phone and the sensitive company data it contains are protected against loss and theft using proper procedures.