The proliferation of remote work, combined with the development of monitoring technologies, has led employers around the world to implement various, sometimes technologically advanced methods to check employees’ performance and commitment to their work. In this area, IT solutions and programs commonly called “bossware” are gaining popularity.
In practice, bossware can include a variety of solutions and technologies, such as:
- Keyloggers monitoring the employee’s use of the keyboard on a company computer
- Downloading and analysis of screenshots from the employee’s business device
- Tracking mouse movements
- Constant or periodic observation of employees using the camera (e.g. eye movement) or microphone on a business device
- Tracking the employee’s online activity
- Monitoring the use of business email, calendar and business messaging
- Analysis of the performance of applications and programs run by the employee.
A specific feature of bossware solutions is the frequent use of automated analysis to flag employees whose productivity, commitment or manner of work deviates from the employer’s expected norm, without their superiors’ involvement.
Polish employers are also reaching for bossware. In this regard, we describe below what they should take under consideration in light of Polish labour law and data protection law.Continue reading ““Bossware” under labour and data protection law”