Worten - Equipamentos para o Lar SA – CJEU Judgment (European Union, 2013)
CJEU precedent (Directive 95/46/EC, pre-GDPR)
This is a Court of Justice judgment predating the GDPR. It interprets Directive 95/46/EC (the Data Protection Directive). It is not a cookie or ePrivacy case and is excluded from cookie statistics and the Risk Calculator.
The Court of Justice of the European Union looked into whether working time logs are personal data. They considered if these logs, which show when employees start and finish work, need to be protected like other personal data. This could change how companies manage employee information.
What happened
The court assessed if working time logs are personal data that require protection under EU law.
Who was affected
Employees whose work hours are tracked by their employer.
What the authority found
The court examined whether working time logs are considered personal data, which would require protection under EU data protection rules.
Why this matters
The ruling could influence how businesses handle employee data, as it suggests that work hour records might need the same protection as other personal data. Companies should review their data management practices to ensure compliance.
On 9 March 2010, the ACT carried out an inspection at a Worten establishment. As a result of the inspection, an official report was drawn up, the main message being that the working time register, as required by national law, was not available for immediate consultation by the ACT. The report was followed by an order to provide the legally required information from the labour register. Two years later, by decision of 14 March 2020, the ACT found that Worten had committed a serious breach of labour law for breaching the rules on the working time register set out in Article 202(1) of the Labour Code, as Worten had failed to allow the ACT to immediately consult the working time register of the workers employed in the establishment concerned. The infringement was considered to be grave because the purpose of the working time register is to check immediately and rapidly whether the undertaking's activity is organised in accordance with the rules on working time. A fine of EUR 2 000 was imposed. Worten then brought an action for the annulment of the decision before the Tribunal do Trabalho de Viseu. The Tribunal decided to stay the proceedings and requested the Court of Justice to give a preliminary ruling on the following questions: # Is Article 2 of Directive 95/46 … to be interpreted as meaning that the record of working time, that is, the indication, in relation to each worker, of the times when working hours begin and end, as well as the corresponding breaks and intervals, is included within the concept of “personal data”? # If so, is the Portuguese State obliged, under Article 17(1) of Directive 95/46 … to provide for appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network? # Likewise, if Question 2 is answered in the affirmative, when the Member State do
Outcome
CJEU Judgment
A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.
Related Cases (0)
No other cases found for Worten - Equipamentos para o Lar SA in EU
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Worten - Equipamentos para o Lar SA - European Union (2013). Retrieved from cookiefines.eu
Last updated: