Following GDPR implementation, Poland enacted specific regulations governing employee monitoring through amendments to the Polish Labor Code.

Video Surveillance

Employers may use video monitoring when necessary for employee safety, property protection, production oversight, and information confidentiality. However, monitoring is prohibited in private areas including changing rooms, restrooms, and break spaces. Notably, video cannot track work time or evaluate performance.

Recorded footage retention is limited to three months, with extensions only when footage relates to legal proceedings.

Email Monitoring

Email surveillance is permissible for monitoring work hours and ensuring proper account usage. However, monitoring cannot intrude into personal correspondence. With a properly structured corporate email policy, employers can minimize privacy violations. Unlike video monitoring, no storage time limit applies, though retention must align with stated purposes.

Required Documentation

Regardless of monitoring type, employers must document objectives, scope, and methods in collective agreements and work regulations. These must be provided to employees before employment begins. Additionally, employers must notify staff two weeks before implementing any monitoring program and clearly mark monitored areas with signage.

Employee consent is not required under the Labor Code—only notification. Non-compliant employers face significant liabilities, including inability to use monitoring evidence in dismissal proceedings.