Under Italian law, all forms of distance monitoring are prohibited by Article 4 of the Statute of Employees (Law 300/1970), as well as by Article 114 of the Privacy Code (Legislative Decree 196/2003), which expressly refers to the provision of the Statute of Employees.
In particular, the law prohibits the use of distance monitoring systems that are aimed solely at monitoring employees during their professional activity, unless this is justified for security reasons or on the grounds of organisation or productivity. In order correctly to implement such a system and show evidence to justify it, Article 4(2) of the statute requires the employer to carry out a co-determination procedure involving the company’s trade union representatives (often referred to by their Italian acronym, RSA) or, if there are no RSAs, the competent labour office (the Direzione Provinciale del Lavoro). In contrast, the consent of the employees is not required. […]