BAG decides on open video surveillance - a data protection violation does not lead to a prohibition of the use of evidence

The judges in Erfurt clarified [...] that in the case of open video surveillance, there is no prohibition of use under either the GDPR or procedural law if the video is intended to prove intentional conduct of an employee in breach of contract. This applies even if the video recordings are not fully in compliance with data protection requirements. Secondly, [...] the BAG finally clarified that the parties to a works agreement cannot regulate a ban on the use of facts or evidence in works agreements.