Tracking systems in the transport sector

Statutorily required tracking system

Statutorily required equipment is often installed in business vehicles, depending on their weight. Examples of this equipment are a tachograph or a system for paying tolls. If you are a driver, such systems will process your personal data.

For example, because the system in your vehicle records trip data, such as your route, speed and rest periods. Your employer can therefore track and monitor you through the system in your vehicle. And even if your name is not registered, the data can often be traced back to you.

Because the tracking system is required by law, you are not allowed to refuse it or turn it off. Your employer has to exercise due care when handling the personal data collected by the system. Your employer has to ensure, among other things, that the data are properly secured when they are stored, and that they are erased immediately when they are no longer necessary.

Non-mandatory tracking system

Is there (also) another track & trace system in your business vehicle, one that is not required by law? Such as a GPS tracker? Under the privacy law GDPR, this is only allowed if your employer has a valid reason to use such a system.

A valid reason may be, for example, that your employer wants to know which business vehicle is closest to a customer, to facilitate a more effective route planning. This also applies for locating the vehicle when it is stolen. You employer has to make a good assessment as to whether this reason is more important than your privacy as an employee.

Private use of business vehicle

There may be a provision in your contract or CLA which says that you may also use your business vehicle for private purposes and the conditions that apply for such private use. Your privacy is more important during private use. That is why at many companies you can turn off the GPS tracker, black box or board computer during private trips.