Can an employer monitor employees: what the law allows and where the privacy line is drawn

With the spread of remote and hybrid work, Ukrainian companies are increasingly using special software to monitor employee work. These include time-tracking systems, automatic screenshots, computer activity monitoring, corporate device audits, geolocation of office equipment, and other digital tools.

At the same time, such control methods raise many questions about employees’ right to privacy, the legality of collecting personal data, and the use of such information in labor disputes.

Does an employer have the right to monitor an employee

According to the Labor Code of Ukraine, an employer has the right to organize the work process, monitor the performance of labor duties, ensure labor discipline, and check the use of enterprise property.

However, this right is not unlimited. Any digital monitoring is related to the processing of personal data, so the employer is obliged to comply with the requirements of the Law of Ukraine “On the Protection of Personal Data”, as well as the guarantees of the right to privacy provided for by the Constitution of Ukraine and Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

What control tools do companies use

Employers most often use:

working time recording systems;
automatic screenshots;
keyboard and mouse activity control;
corporate laptop audits;
logging of program usage;
geolocation of company devices.

Such tools can be used to monitor the performance of official duties, protect trade secrets or ensure information security. At the same time, even a legitimate purpose does not justify covert or excessive surveillance.

The employee must be notified

One of the key requirements of the legislation is prior notification of the employee.

The employee must know:

what exactly is being monitored;
what personal data is collected;
for what purpose is it processed;
who will have access to this information.

It is recommended to enshrine such rules in the company’s internal policies, labor regulations or directly in the employment contract.

The use of hidden keylogger programs, continuous screen recording, hidden access to webcams or microphones is considered particularly risky, as they can disproportionately interfere with the employee’s private life.

What the Supreme Court says

The Grand Chamber of the Supreme Court, in its resolution of June 17, 2026 in case No. 553/3599/15-ts, emphasized that when considering such disputes, courts should assess not only the fact of collecting personal data, but also whether the control was lawful, necessary and proportionate.

Courts should check:

whether the employer had a legitimate purpose;

whether the employee was notified of the monitoring;

whether there were less intensive methods of control.

Furthermore, the Supreme Court in case No. 751/4083/24 confirmed the possibility of using e-mails and other digital materials as evidence in labor disputes, but only if they were properly and lawfully obtained.

Position of the ECHR

The case law of the European Court of Human Rights also defines the limits of permissible control.

In the case of Bărbulescu v. Romania, the Court noted that an employer may monitor employees, but they must be notified in advance and the interference must be proportionate to the aim pursued.

In the case of Copland v. the United Kingdom, the ECHR emphasized that even the use of telephone, e-mail and the Internet at work falls within the sphere of private life, and therefore the control of such communications should be carried out only if there are lawful grounds.

What are the risks for the employer

The greatest legal risks arise in cases where the employer:

uses covert surveillance programs;

fails to inform employees about the monitoring;
collects excessive amounts of personal data;
accesses private correspondence or personal files without lawful grounds.

This issue is particularly relevant during remote work. If an employee uses his or her own computer, the installation of monitoring programs is possible only by express agreement of the parties, and the monitoring itself must be limited exclusively to the performance of work functions.

Ukrainian legislation allows employers to use digital tools to monitor the performance of their duties by employees. However, such monitoring must be carried out openly, for a legitimate purpose, be necessary and proportionate.

Failure to comply with these requirements may result in a violation of the employee’s right to privacy, and the data obtained as a result of unlawful monitoring may become the subject of a legal dispute.