Data Privacy & Compliance
GDPR, data privacy in job applications, employer rights and what you need to know about your data.
129 questionsAm I allowed to ask a competitor if they have open positions?
Yes — this is not a breach of contract as long as no valid non-compete clause (Section 74 HGB) is in place. Looking for a job while still employed …
Can my employer issue a poor work reference upon my departure?
No — German law (Section 109 GewO) stipulates that a work reference (Arbeitszeugnis) must be benevolent and truthful. This sounds contradictory, bu…
Can my prospective employer check my social media?
To a limited extent, yes. BDSG Section 26 regulates data processing in the employment context: employers may view publicly accessible professional …
Can my prospective employer check my social media account?
In Germany: to a limited extent, yes. Publicly accessible professional profiles (LinkedIn, Xing, public GitHub repos, public websites) may be viewe…
Do I need to provide a police clearance certificate for my application?
Only if the position explicitly requires it. A police clearance certificate (Fuehrungszeugnis) is not a standard application document — you are not…
Do I have to disclose my criminal record in a job interview?
Only for relevant convictions related to the position. BDSG Section 26 and AGG Section 3 protect against excessive data intrusions. The rule of thu…
What applicant data may a company store?
Only data required for the hiring process — and only for as long as necessary. BDSG Section 26 and GDPR Article 88 are the legal basis: employers m…
What does the Working Hours Act (ArbZG) regulate and what does it mean for my application?
The Working Hours Act (ArbZG Q036) regulates maximum working hours and is relevant for job advertisements and contract negotiations. Core rules: Ma…
What is the difference between MiLoG and sector-specific minimum wage, and which applies to me?
Germany has two minimum wage levels. (1) Statutory minimum wage (MiLoG): Applies to all employees in Germany, regardless of sector or collective ag…
Can my employer ban working from home?
In Germany, there is no legal right to work from home -- with one important exception. Legal situation per ArbSchG and Haufe: Employers can general…
What is the Verification of Employment Conditions Act (Nachweisgesetz) and what must be in my employment contract?
The Nachweisgesetz (NachweisG Q038) has obligated employers since August 2022 (EU directive implemented) to document essential working conditions i…
What should I know about consent?
DACH focus: Apply GDPR + national employment law and equal treatment requirements together. Recommendation: Document data processing per process st…
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