Should Employees Use Company Email?
Employees, in the course of their daily work, cannot avoid using the company’s IT facilities. They send and receive private emails aside from the business-related ones, which are considered official. For an indefinite period of time, emails received by employees might stay in their inbox. Private emails are supposed to be only for the employee’s own personal use.
Problems might come up if an employer needed to access an employee’s email account during the employee’s prolonged unavailability or absence. This could entail legal implications when employers open their employee’s emails. The German Higher Labor Court ruled early this year that an employee’s work-related email correspondence can be reviewed by his or her employer. The provisions of the “secrecy of telecommunications” do not apply in this case because although the employee was permitted to use the employer’s email facilities, the employer cannot be considered a “provider of telecommunication services”.
There was a case when an employee was absent from work due to a long-term illness. The employer, despite repeated efforts, was not able to obtain the employee’s permission. The employer then opened the employee’s email account, but did not read emails marked “private”. There were two qualified witnesses present when the employer opened the account. The employer read and printed only those emails that were business-related.

