Internal investigations are intended to uncover violations of laws, company policies, or compliance requirements. This may require reviewing employees’ email accounts. However, companies must take particular care to comply with data protection regulations. An uncoordinated or unwarranted review poses significant data protection risks and can lead to conflicts with affected individuals, works councils, and regulatory authorities.
A structured approach to internal investigations is therefore essential to minimize data protection risks.
- Define specific areas of review: Review only work-related emails; leave private content unaffected wherever possible
- Ensure data protection and proportionality: Access only in cases of concrete suspicion; view only as much data as necessary
- Documentation and traceability: Every access must be logged and legally justified
- Involve relevant parties: Engage data protection officers and, if applicable, the works council
- Clear responsibilities: Who is authorized to review, who evaluates the findings, and who decides on measures
A planned approach not only ensures legal certainty and transparency but also protects company management from liability risks. At the same time, a transparent process design ensures that employees and managers maintain confidence in the integrity of the investigation.
Feel free to contact us:
Dr. André Schmidt | Partner
Angelika Maria Szalek | Senior Associate