Zusammenarbeit zwischen Arbeitgebern und Arbeitnehmervertretungen im Lichte der datenschutzrechtlichen Rahmenbedingungen unter Berücksichtigung der Mitbestimmungsgesetze und Regelungen zum Beschäftigtenschutz

The General Data Protection Regulation (GDPR), which came into force on the 25th of May 2018, brought strict regulations for the processing of personal data. Those regulations in combination with national data protection and employment law play an important role for employers, unions and works councils when they process personal employee data in the context of employment relationships. This applies to established cooperative agreements as well as negotiations that aim to establish collective agreements for the processing of personal employee data.

The main question of the thesis investigates how the above-mentioned parties can work together in a continuously changing digital world, be in compliance and at the same time stay competitive and economically efficient. In this context, a comparative case study between Lufthansa and Ryanair investigates whether the former company can operate more successfully with codetermination or the latter with less to no codetermination at all. The primary focus of this thesis is the legal area of Germany.

The case study is based on interviews with experts in the airline industry and literature analyses. A qualitative content analysis provided extended insights. Quantitative research methods were used to expand the research design. The focus here was on conducting and statistically evaluating an online survey of employees on the topic of data privacy in the employment relationship. Recommendations for employers, works councils and trade unions were derived from the empirical results.

The research results reveal the immense influence that codetermination has on the design of employee data protection and employers’ freedom of action. It is evident that companies with less codetermination, such as Ryanair, enjoy economic advantages. They can quickly introduce new technologies without obstacles while only meeting minimum requirements, but it implies social disadvantages for their employees. Lufthansa maintains more comprehensive employee data protection structures with the help of employee representatives. This is more costly in the short term, but the results of the thesis show that it is beneficial in the long run.