Telematics in Fleet Management: Important Statutory Regulations for Fleet Managers

Take the Load off your Fleet Manager – Secure your Company's Success – Protect Drivers

CARSYNC: Telematik im Flottenmanagement: Wichtige Gesetze für Fuhrparkleiter

Technical equipment, which is used to monitor the conduct and performance of employees, from a legal stand point, may only be used when taking due account of statutory rules and regulations. In principle, the use of web-based fleet management touches on the protection interests of two parties, which VISPIRON has assessed and balanced with a data protection concept.

1. The interests of the employer

  • Efficient management of orders, deadlines, administration and insurance claims
  • Considerate, long term and efficient use of company cars
  • Company success

2. Interest of the person concerned (employee, driver)

  • Protection of privacy
  • Vehicle safety
  • Occupational safety

However, in assessing interests of the parties when considering rules and regulations, common interests emerge which ultimately are decisive for the use of telematics:

  • Company success: Both employers and employees benefit from a successful and profitable company. Our telematics technology ensures the efficient use of company cars, lowering fleet costs, and therefore underpinning the order book and employment in the long term.

  • Data privacy: Both company and driver data must be protected against misuse. Firstly, the company and the travel data are optimally safeguarded by our data protection concept and telematics system. Secondly, access, control and data processing by persons authorised for access (e.g. works council members) can be organised and checked in a transparent manner.

  • Respect of rules and regulations: To ensure legal certainty and consent, the use of telematics technology must comply with the law. The CARSYNC telematics system has been designed with the rights of data protection, personal privacy and co-determination in mind. With our system, you create clarity, consensus, legal certainty and trust.

From this perspective, any supposed conflict of interest should be resolved. Employees and employers benefit from telematics that are legally compliant and applied in an optimum manner. As we advise you to involve the works council and stakeholders in the definition and decision-making process during the introduction of a telematics system, we have briefly set out the most important statutory requirements.

GPS Telematics within the Company: Statutory Requirements

CARSYNC: GPS Telematik, Technologie für Ihren Fuhrpark, Führerscheinkontrolle

In collaboration with the data protection officer, our IT experts and engineers have developed the modular CARSYNC telematics system, taking into account the following laws.

Constitutional Law (GG)

Article 2 (GG) in conjunction with Art. 1 GG & Art. 10 GG.: From these two articles, the general right to self-determination of a person or an employee can be deduced.
(Key phrase: Self-determination on information)
.

Article 10 paragraph (1) GG: The basis for the collection, use and storage of data by means of the telematics system is set out by the privacy of correspondence, posts and telecommunications. This basic right may, however, be restricted by law in certain circumstances. (Key phrase: Protection of personal privacy).

Federal Data Protection Act (BDSG)

§ 3 (BDSG): This defines what personal data are, as well as who is considered an affected party and an employee. Since vehicles must necessarily be assigned to a specific driver (person / employee) in the fleet management system, telematics data are automatically classified as personal data. It is important to protect personal privacy and to adhere to rules and regulations. (Key phrase: Personal data).

§ 3 a BDSG:
This supplementary article defines the two main principles for the processing of personal data: Anonymisation and pseudonymisation. (Key phrase: Data minimisation).

§ 4 BDSG:
The collection and processing of data is only permitted if a law or a legal provision allows this or the subject of the data concerned has given his consent. Automated data collection is also stipulated here. (Key phrase: Data acquisition).

§ 5 BDSG: Persons who process personal data from career paths are not permitted to use the data without authorisation. (Key phrase: Data secrecy).

§ 10 BDSG: Controls automated retrieval of personal data. (Key phrase: Automated data retrieval)

§ 11 BDSG: If (personal) data are collected and processed by an external agency, the latter is responsible for compliance with the legal requirements (see § 6, 7 and 8 BDSG, among others). (Key phrase: Data processing under contract)

§ 32 BDSG: Restricts the use of personal data for the purposes of employment and defines the business use and refers to the co-determination right of employee representatives. (Key phrase: Data collection in the company).

Important: Data protection is extremely important for companies in the age of digital globalisation. It plays a special role in the use of telematics in the company, for example when using the electronic driving log or the electronic driving license check.

 

Work Constitution Act (BetrVG)

§ 75 BetrVG: Entails the obligation that employer and works council must protect the rights and person of the employee.
(Key phrase: duty of care)

§ 80 BetrVG para 1 no. 1 & no. 8: In addition to ensuring compliance with the legal provisions and internal company agreements in place for the benefit of the employee, the general duties of the works council also include "promoting and securing employment at the company". (Key phrase: securing jobs)

§ 87 para 1. no. 6 BetrVG: Provided no statutory or collectively agreed provision exists, the works council has a right of co-determination when it comes to introducing technical facilities which theoretically make it possible to monitor employee behaviour.
(Key phrase: Works council right of co-determination)

 

German Teleservices Act (TMG)

§ 2 no. 1 TMG: This section defines the service provider who keeps in-house or external telemedia available or makes them available for use on behalf of a company. CARSYNC is such a service provider.

§ 4 TMG: Telemedia require no registration or approval with due consideration of the law. So you are not required to inform authorities if you use our telematics technology to reduce fleet costs and enhance driver safety.

§ 12 para 1 & 2 TMG: This section establishes the conditions under which a service provider may collect and use personal data relating to telemedia. 

§ 15 para 1 TMG: This section defines what usage data are and the circumstances in which the service provider may collect and use these data in conjunction with telemedia.

 

Important: § 80 BetrVG para 1 no. 1 clearly indicates that the works council is also responsible for monitoring compliance with Accident Prevention Regulations (UVV). A telematics- and web-based fleet management system makes it possible to optimally conduct a myriad of UVV tests, e.g. in the form of digitalised maintenance and schedule management.

A telematics system can also be used to control the statutory driving and rest periods for the protection of the driver. In addition, the vehicle fleet manager is liable for the keeper liability. An electronic driving license check not only saves the company time and money; it also protects the fleet manager from potential liability claims which could result in financial ruin if a traffic accident occurs while they are under keeper liability. Every responsible representative of employee interests should be aware of this when it comes to the introduction of a telematics system for fleet management.

 

 

CARSYNC: Special Data Protection & Special Technology for your Fleet

In order for you to be able to use telematics in the company to optimise the use of your company cars, we have developed special data protection. Our telematics technology and our data protection concept is trusted by a large number of international and national customers from different business sectors. 

Our data protection concept and our GPS technology allow you to ensure both the approval of the drivers and the works council as well as cost-savings and efficient use of company vehicles. As a company that is independent from manufacturers with its own fleet, we are aware from our own experience that the collection, processing and storage of telematics data requires the utmost sensitivity. Fleet management from CARSYNC provides data protection and cost-effectiveness, as well as tax and legal certainty. Our fleet management experts will gladly answer your questions -  free and at no obligation.

Despite careful research, we cannot guarantee that the information is complete, correct and up-to-date.

Fleet management

Theodor Hermann +49 89 45 24 50 258 Notfall- / Emergency-Hotline (24/7) 0900 1 992299 (0,99 € / min.)