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May an employer look in an employee's email?

Only in two cases: where it is necessary to maintain daily operations or other legitimate interests of the undertaking, or where there is reasonable suspicion of a serious breach of duty or a criminal offence. The employee must as far as possible be notified and given the opportunity to comment and to be present, and the access must be documented. The rule sits in regulation of 2 July 2018 no. 1108, made under section 9-5 of the Working Environment Act, and the processing must also satisfy the Personal Data Act and the GDPR.

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Reference
Regulation on employer access to email sections 2 and 3, cf. Working Environment Act section 9-5
Acts
Personal Data Act
Area
Data protection and trust services
Read date
2026-09-09

Personal Data Act · Read the act on Lovdata

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