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Data protection and works council

Does deploying a robot require the works council's consent?

As a rule, yes. Under Section 87(1) no. 6 BetrVG (German Works Constitution Act), the introduction of technical equipment suitable for monitoring the conduct or performance of employees is subject to enforceable works council co-determination.

What matters is objective suitability, not intention. A robot with a camera meets this condition, even if it is only meant to inspect plant.

Practical consequence: without a works agreement, the system may not be put into operation. The works council should therefore be involved early – not only at acceptance. More in the guide to data protection and co-determination.

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