Review what a personnel system actually records, links and evaluates before it is purchased or deployed. Monitoring capability and decision support can engage several legal requirements at once.
Legal context and practical consequences
Section 87(1)(6) BetrVG may apply to technical systems designed to monitor employee conduct or performance. Other participation and data-protection requirements can also be relevant. Calling the product an assistant does not resolve the legal analysis. Define purposes, access roles, permitted evaluations, retention and changes. Human responsibility and correction procedures matter where automated recommendations influence personnel decisions.
Preparing the review
Useful documents include policies, process descriptions, contracts and technical specifications where relevant. Distinguish changes required before implementation from issues addressed through clearer responsibilities or documentation. Training and review of actual practice help maintain compliance. A changed system, purpose or organisation may require a new assessment rather than relying indefinitely on an earlier approval.
Four practical examples
Example 1
Recruitment software ranks applicants. Examine criteria, data quality and meaningful human review.
Example 2
A system can generate performance reports. Assess works council rights even if managers do not plan to use every feature.
Example 3
A new module combines data sources. Reassess the approved purpose and permissions.
Example 4
An employee disputes an automated result. Provide a process for checking data and correcting errors.
Source and further information
Official source · Related employment-law topic
Archive allocation: September 2026. Written and reviewed retrospectively on 13 November 2026. Court decisions retain their actual decision dates.