Is it lawful for an employer to monitor a company computer used by an employee? Yes, but only under specific conditions.
In judgment no. 28365 of 27 October 2025, the Italian Supreme Court (Corte di Cassazione) clarified that such monitoring is lawful only if it is preceded by adequate notice and carried out in compliance with the limits set out in Article 4 of the Workers’ Statute and applicable data protection regulations.
This principle reaffirms the importance of balancing the employer’s monitoring powers with the protection of employees’ privacy, highlighting the crucial role of company policies in transparently defining the rules for the use of IT tools.
In their article published on NT+ Diritto, Gaspare Roma and Ilaria Uletto analyze the decision and its implications for employers and employees, focusing on information obligations, proper monitoring procedures, and potential liability scenarios.