Court case 45128 – Court Ruling (Luxembourg, 2022)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
A court in Luxembourg ruled on a case where an employer was fined for not providing all requested employee documents to a labor inspector. The employer argued that some documents were private and not required. This case is important because it shows the balance between employee privacy and regulatory compliance.
What happened
An employer was fined for not providing all requested employee documents to a labor inspector.
Who was affected
Employees whose work and salary documents were requested by the labor inspector.
What the authority found
The court had to decide if the labor inspector was entitled to demand certain employee documents under data protection rights.
Why this matters
This ruling emphasizes the need for employers to balance regulatory obligations with employee privacy rights. Businesses should review how they handle employee data requests.
GDPR Articles Cited
The labour and mines inspection (controller) requested an employer to provide documents about its employees (data subjects) within 8 days. The controller is a public body tasked with supervisory authority to conduct controls and examinations. It has the authority to request documents and information from controllers regarding their employees (Article L.614-4(1)(a) Labour code). These documents had to contain information about, amongst other things, the beginning, end and duration of the daily work, extensions of the normal working time, the hours worked on Sundays, holidays and night work, information about wages, residence – and work permits, medical certificates and training certificates. (Articles L.614-4, paragraph (1) and L.614-5 Labour Code). The employer provided the requested information to the controller on 11 February 2020. However, the employer didn’t provide all the requested files according to the controller. After the Employer failed to provide the additional files, the controller fined the employer €8000. After objections of the employer, this fine was reduced to €6000. The employer appealed this fine at the court, stating that the controller was not entitled to demand the documents regarding salaries and proof of payment. It referred to written declarations of its employees, stating that the legal, administrative and contractual requirements in the law had been fulfilled. Therefore, there was no reason for the employer to provide these documents to the controller. According to the employer, its employees had also objected against the transfer of their salary-information to the controller, referring to their right of data protection. The employer also made an argument justifying the lack of communication regarding a holiday-register. The employer was obliged to keep a register on the legal leave of its employees according to Article L.233-17 of the Labour Code. The controller stated this register was not subject to any particular formalism and that
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 45128 in LU
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 45128 - Luxembourg (2022). Retrieved from cookiefines.eu
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