Yes indeed. The employer may adopt the measures it deems most appropriate to monitor and control compliance with the obligations and duties of its employees, provided that it respects the dignity and adequately reports the rules of use of these technological means.
No, even if one of the two is unaware that the conversation is being recorded and that the person making the recording is one of the two interlocutors.
In spite of this, the recording can be rejected as evidence in a trial if the context in which the conversation occurs is directed by one of the interlocutors to start a certain statement from the other.
If the data disseminated to third parties are confidential, there may be criminal liability of up to 5 years in prison. It is also responsible who disseminates them without having taken part in the recording and knows that the collection of data is irregular.
It is common that, in a legal proceeding involving technological resources, the validity of the evidence provided is contested and the concern regarding its correction is transferred to the interested party who wants to benefit from it.
Not informing a worker, before the interception, that their corporate email messages will be controlled by the employer can result in criminal liability of the company and a fine of up to 2 years. The amount of the fine can range from € 2 to € 400 per day.
The implementation of an effective crime prevention model (MPD) before the crime is committed can excuse the criminal responsibility of your company. In any case, before a risk indicator, the first necessary measure is the caution and the assessment of the possible legal consequences.
