Question 134 - CIPP-E discussion

Works councils are employee representative bodies that exist in some European countries, such as Germany, France, Spain and Italy. They have various roles and powers depending on the national laws and collective agreements, but generally they aim to protect and promote the interests of the employees in relation to the employer. Some of the common roles of works councils are:

Determining whether to approve or reject certain decisions of the employer that affect employees, such as transfers, dismissals, redundancies, working hours, health and safety, etc.

Determining whether employees' personal data can be processed or not, based on the principle of co-determination, which means that the employer needs the consent of the works council for any data processing that involves employee monitoring, evaluation or control.

Determining what changes will affect employee working conditions, such as wages, benefits, training, social facilities, etc.

However, works councils do not have the role of determining the monetary fines to be levied against employers for data breach violations of employee data. This is the role of the data protection authorities, which are independent public bodies that supervise, through investigative and corrective powers, the application of the data protection law. Works councils may cooperate with the data protection authorities or file complaints on behalf of the employees, but they do not have the authority to impose sanctions on the employers.Reference:Free CIPP/E Study Guide, page 27;CIPP/E Certification, page 13.