More and more workers are using the company’s notebooks privately. A permit for the private use of corporate ownership requires clear limits which are considered as protection for both parties. As the Berlin insurance broker Frank Schwandt from acant Versicherungsmakler e. K. reports, factors such as the time scale and above all the content, which are called on the World Wide Web, play an important role. Where, for example, online banking can be considered as necessary and acceptable, the call for pornographic offers should be excluded.
BYOD: Personal use of business
The use can also be limited to the breaks or the celebration. In addition, it is permissible to prohibit employees from playing non-business software on the laptop. However, if surfing the net is customary for private purposes, this can be regarded as a silent consent in the form of an "operational exercise".
The saving of private data is an exception here. Despite the prohibition this can not lead to a legal dismissal, the Federal Labor Court decided in a judgment of 24.03.2011. Likewise, private use is not taxable because no "financial benefit" results from it § 3 No. 45 EStG
On the other hand, problems could arise for the employer regarding data protection, according to Schwandt in his current contribution to the topic. If personal reviewers are able to see personal content, such as e-mails or photos accidentally included in the auto-save, personal data will be disclosed. In such cases, the company may be faced with a legal problem.
Therefore, if you want to motivate your employees, you can allow private use. In any case, structured insurance for the company must also be taken into account, as labor disputes can not be ruled out.
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