Can I spy on my employees with security cameras?

You may not put up cameras to keep an eye on your employees. That is an invasion of their privacy. But sometimes employees can be seen on company security cameras. So are you allowed to watch your staff?

Can you prove that it is really necessary to make camera footage that also shows staff members? Then that sometimes outweighs their privacy. This is called having a legitimate interest (in Dutch). In that case, you cannot look at the footage without seeing your staff. For example, when a security camera films your cash register. A cashier may also be seen on that footage. You may then use the camera. Make sure you meet the requirements of the privacy law GDPR (AVG) when doing so.

Strict conditions

There are strict conditions for making images where your staff can be seen. Deliberate spying on your employees is prohibited. So you may not monitor employees through the images and then hold them accountable for their performance. Your staff must always be aware of security cameras and they may object (in Dutch). Sound recordings are prohibited and you may not keep the images longer than necessary. After a maximum of four weeks, you must delete the footage.

Suspected theft

Do you suspect that an employee is stealing from you or otherwise committing fraud? A serious suspicion of a criminal offense is an exception. You may then use a (hidden) camera. Note that there are strict conditions for this too.