For leasing and fleet management companies, geolocation systems are an important tool for optimizing vehicle usage, tracking trips, and improving operational management.
However, when vehicles are used by employees in the course of their duties, a key question arises: how far can monitoring of vehicle locations go without exceeding the limits set by labor law?
The answer requires distinguishing between vehicle management and monitoring employees’ work activities. Although these two purposes are often related, they must not be confused. The use of geolocation systems does not, in and of itself, justify the constant monitoring of the professional activities of the person driving the vehicle.
Under Article 20 of the Labor Code, an employer may not use remote surveillance methods for the purpose of monitoring employees’ work performance. The use of such means is permitted only when intended to ensure the protection and safety of persons and property, or when specific requirements inherent to the nature of the activity justify it. Employees must always be informed of the existence and purpose of the surveillance measures used.
The application of this rule to GPS geolocation systems, however, requires an analysis of the specific purposes for which they are used.
Portuguese case law, although not always uniform, has tended to prioritize an analysis of the system’s purposes and the actual use made of the collected data. Thus, geolocation may be permissible for the purposes of fleet management, security, field service, or the protection of people and property, but it may not be used to monitor employees’ work performance.
In particular, the use of data regarding schedules, routes, stops, visits, speed, or compliance with instructions may prove unlawful when its purpose is to monitor an employee’s professional activity.
It is therefore essential to distinguish between the technical ability to collect certain information and the legal legitimacy of its use. The fact that a company can track a vehicle’s location does not mean it can use that information to monitor the employee.
The misuse of these systems can have significant consequences for companies, particularly in terms of administrative violations, and may also compromise the admissibility of the collected data as evidence in disciplinary proceedings.
In this context, defining the purposes of geolocation in advance, providing adequate information to employees, and limiting access to the data to what is strictly necessary are essential measures to prevent the misuse of these systems.
For leasing and fleet management companies, it is essential to ensure that the solutions provided to customers comply with applicable legal limits, thereby preventing labor risks and liabilities associated with the misuse of the collected data.
An appropriate legal framework for these systems enables companies to offer safer solutions, protect their customers, and reduce the risks associated with the use of geolocation technologies.
However, when vehicles are used by employees in the course of their duties, a key question arises: how far can monitoring of vehicle locations go without exceeding the limits set by labor law?
The answer requires distinguishing between vehicle management and monitoring employees’ work activities. Although these two purposes are often related, they must not be confused. The use of geolocation systems does not, in and of itself, justify the constant monitoring of the professional activities of the person driving the vehicle.
Under Article 20 of the Labor Code, an employer may not use remote surveillance methods for the purpose of monitoring employees’ work performance. The use of such means is permitted only when intended to ensure the protection and safety of persons and property, or when specific requirements inherent to the nature of the activity justify it. Employees must always be informed of the existence and purpose of the surveillance measures used.
The application of this rule to GPS geolocation systems, however, requires an analysis of the specific purposes for which they are used.
Portuguese case law, although not always uniform, has tended to prioritize an analysis of the system’s purposes and the actual use made of the collected data. Thus, geolocation may be permissible for the purposes of fleet management, security, field service, or the protection of people and property, but it may not be used to monitor employees’ work performance.
In particular, the use of data regarding schedules, routes, stops, visits, speed, or compliance with instructions may prove unlawful when its purpose is to monitor an employee’s professional activity.
It is therefore essential to distinguish between the technical ability to collect certain information and the legal legitimacy of its use. The fact that a company can track a vehicle’s location does not mean it can use that information to monitor the employee.
The misuse of these systems can have significant consequences for companies, particularly in terms of administrative violations, and may also compromise the admissibility of the collected data as evidence in disciplinary proceedings.
In this context, defining the purposes of geolocation in advance, providing adequate information to employees, and limiting access to the data to what is strictly necessary are essential measures to prevent the misuse of these systems.
For leasing and fleet management companies, it is essential to ensure that the solutions provided to customers comply with applicable legal limits, thereby preventing labor risks and liabilities associated with the misuse of the collected data.
An appropriate legal framework for these systems enables companies to offer safer solutions, protect their customers, and reduce the risks associated with the use of geolocation technologies.
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