TikTok prohibited on company cell phones.

TikTok: international regulations from the authorities

TikTok is one of the world’s most popular social networks. However, the operator, Bytedance, is suspected of allowing the Chinese government to access user data. Therefore, it comes as no surprise that the US government has banned employees from using the TikTok app on work devices.

The EU followed suit: The EU Commission, the European Council, and the European Parliament have all prohibited employees from installing the TikTok app on their work devices. In the case of parliamentary staff, the TikTok ban also applies to private devices if these are linked to business email accounts or service networks. Unlike a number of national authorities in the EU, German authorities have not yet issued a corresponding ban.

Usage regulations for company cell phones in the private sector?

The fact that authorities are permitted to regulate the use of smartphones is understandable. After all, government information must be protected against possible unauthorized access by other countries. Yet, are similar regulations also an option in Germany’s private sector?

The short answer is: Yes. Employers may issued detailed regulations governing the use of company and private cell phones in the workplace. Accordingly, they are also permitted to decide whether certain apps may be installed. This is because employers may in principle determine how company cell phones are used as part of their right to issue instructions without restriction. The employment contract or a works agreement may also stipulate, for example, that

• company cell phones may be used privately,
• company cell phones may not be used privately,
• specific apps (TikTok, Telegram, etc.) may not be installed on company cell phones, regardless of whether they are used exclusively for work

or also privately.

If employees failed to follow the regulations, this could result in a warning, and even dismissal in the event of repeated violations.

Are employers permitted to check cell phones?

But how can employers monitor this?

Employers may check cell phones or smartphones which are may only be used exclusively for work purposes. This allows companies to check whether no prohibited apps have been installed or whether the cell phone is being used for private purposes after all.

This means that when it comes to the the ability to monitor specific regulations regarding the use of company devices, excluding the private use of company devices makes sense, especially for employees who work in data-sensitive fields.

General ban on private cell phones at work?

Employers also have the option of completely prohibiting the use of private cell phones in the workplace for all employees at least during working hours, but not during breaks.

In fact, the works council does not have to be involved when a company implements a general regulation of this nature as these regulations concern the employees’ direct working behavior. This ruling was issued by the German Federal Labor Court (BAG) at the end of 2023 (BAG, decision dated October 17, 2023, Ref: 1 ABR 24/22).

Are individual prohibitions an option?

The principle of equal treatment stipulated by employment law also applies to employers when regulating the use of cell phones. Accordingly, corresponding regulations should apply to the entire workforce or homogeneous groups.

Nevertheless, individual bans or individual exceptions can also be decided. In this case, it is important that an understandable and objective reason for treating different employees or groups of employees differently exists. This may mean the risk of industrial espionage or even the conspicuous loss of working time due to distractions, for example.

What can we do for you?

Would you like to implement binding and legally secure regulations governing the use of business and private smartphone in the workplace? We will support you! Feel free to contact us.