Polish labor law allows employers to monitor employee computers and emails, but strict conditions and notification requirements apply under 2026 regulations.
Employee Monitoring: Legal Basis
Employee monitoring rules are primarily governed by Articles 22² and 22³ of the Labor Code. These provisions define the parameters for controlling work equipment and online activities.
Under labor law, employers can only monitor employees when it is necessary and proportionate to the control’s objective.
Employer Monitoring Scope
Article 22² of the Labor Code outlines the principles for workplace monitoring, primarily concerning visual surveillance but also establishing fundamental limits on employer control over employees.
Employer monitoring is legal only when necessary to ensure workplace order, protect employer property, or maintain production confidentiality. It cannot be arbitrary; each control form must have a specific, justified purpose.
Privacy Considerations in Monitoring
Labor code provisions explicitly state that monitoring must not violate employee privacy. Specific rooms, such as restrooms or break rooms, are protected from monitoring.
Email Monitoring: Permissibility
Article 22³ of the Labor Code addresses the monitoring of work email and other employee activities related to work tools. Employers can monitor work email if necessary to ensure work organization, protect employer property, or maintain production confidentiality.
Crucially, employers may access work email accounts, for instance, during an employee’s absence, but only to the extent necessary for business objectives. Employers generally cannot read private messages, even if employees use work email for personal matters. This respects the secrecy of correspondence and other personal rights, as per Article 22³ §2 of the Labor Code.
Access to an email account can be granted to another employee if necessary for work continuity, provided the access is limited and secure. However, employers should not share private correspondence from work accounts with other employees.
Employer Notification Obligations
The Labor Code mandates employers to inform employees about monitoring at least two weeks before its implementation. This information must be communicated through company-accepted methods.
New employees must receive monitoring information before starting work. The employer must clearly define the goals, scope, and methods of monitoring in internal regulations or employment agreements.
Workplace monitoring must be visible. Employers should mark monitored areas and inform employees through startup messages or policy documents. This transparency supports compliance with the Labor Code and GDPR.
Computer and Email Monitoring under GDPR
Monitoring involves personal data processing, requiring adherence to GDPR principles. Employers must ensure data minimization, purpose limitation, and adequate security measures.
Employers must be able to demonstrate that monitoring is lawful, fair, and transparent, respecting employee rights and privacy.
Remote Work Monitoring
Remote work monitoring is permissible in 2026, covering employee computer activity and communication. However, it must also be proportionate and compliant with labor law and GDPR.
Summary
Employers can monitor work computers and emails within the limits set by the Labor Code and GDPR. Monitoring must have a justified purpose, be proportionate, and properly communicated. Transparent rules for work equipment use, internal procedures, and fulfilled notification obligations are key. Unrestricted or hidden monitoring violating privacy is prohibited.
FAQ – Frequently Asked Questions
Yes, if it concerns work equipment and the employee was previously informed.
Yes, provided it is proportionate and compliant with the Labor Code and GDPR.
Only in specific situations and after fulfilling notification duties.
No – private correspondence is legally protected.
Yes, if the communicators are work tools and monitoring serves work organization or data security.
As a rule, employee consent is not required, but employers must meet information obligations under the Labor Code and GDPR.