Geolocation in Clocking: Limits and GDPR You Should Know
Is it legal to geolocate when clocking in?
The company can use geolocation in clocking, but not without limits. The GDPR and the LOPDGDD require the processing to be proportionate, justified and transparent. Geolocating "just in case" is not valid.
Principles to respect
- Proportionality: only if necessary for the purpose (e.g. verifying the workplace).
- Minimisation: capture the location only at the moment of clocking, not continuously.
- Transparency: inform the employee what is collected, for what and for how long.
- Purpose: use the data only for time tracking, not for other purposes.
Geolocating when clocking in is different from following the worker all day: continuous tracking is not allowed.
What you CANNOT do
- Continuous tracking of the location throughout the working day.
- Using the location for undisclosed purposes.
- Keeping the data longer than necessary.
How to do it right
- Inform and document the processing (record of activities).
- Capture the location at a single point when clocking in.
- Apply security measures and retention periods.
With RegulaKit you can configure clocking respecting the proportionality and transparency the GDPR requires. Discover it on our platform.
Conclusion
Geolocation in clocking is legal if it is proportionate, point-in-time and transparent. Continuous tracking is not allowed: informing the employee and minimising the data is the key to comply with the GDPR.
Frequently Asked Questions
Can the company geolocate the employee when clocking in?
Yes, but proportionately, justified and transparently; not without limits or continuously.
What does the GDPR require for geolocation?
Proportionality, data minimisation, transparency and use limited to the time-tracking purpose.
Can the location be tracked all day?
No. Continuous tracking is not allowed; the location can only be captured at the point of clocking.
Must the employee be informed?
Yes. They must be informed what data is collected, for what purpose and for how long it is kept.
What can the location data be used for?
Only for time tracking; using it for other undisclosed purposes breaches the GDPR.