Few months ago, the Cyprus Data Protection Commissioner has issued Guidance on the use of personal mobile phones for work-related purposes, addressing the increasingly common practice known as Bring Your Own Device (BYOD).
The Guidance applies to both the public and private sectors and provides important clarifications on employers’ obligations under the General Data Protection Regulation (GDPR)
Key Takeaways
No obligation to use personal devices
Employees cannot be required to use their personal mobile phones for work purposes. Any such use must be voluntary and must not result in adverse consequences if an employee refuses.
Permitted use only under strict conditions
Use of a personal device may be acceptable where:
- the employee freely chooses to use it,
- it facilitates the performance of their duties, and
- it does not involve processing of the employee’s personal data by or on behalf of the employer.
Employer duty to provide alternatives
Where an employee declines to use their personal device, employers must offer suitable alternatives, which may include:
- a work-issued device,
- reimbursement of relevant costs, or
- financial support for the purchase of a device.
Personal Data Processing and GDPR Compliance
Where the use of a personal mobile phone does involve processing personal data (e.g. time-tracking or leave-management applications), employers must ensure full compliance with the GDPR, including that:
- processing complies with the principles of lawfulness, necessity, and proportionality,
- a valid legal basis under Article 6 GDPR is relied upon (employee consent is not appropriate due to the imbalance of power),
- employees are informed in advance in a transparent manner,
- less intrusive alternatives are offered where feasible, and
- employees choosing alternatives are not subject to discrimination.
Where applicable, employers must also conduct a Data Protection Impact Assessment (DPIA) and engage in prior consultation with the Commissioner.
Requirement for a BYOD Policy
Where the use of personal devices is systematic, employers are required to adopt and communicate a formal BYOD policy. This policy should address practical scenarios, including what happens when the employee leaves the device at home, device malfunction, and situations where an employee no longer wishes to use their personal device for work.
Practical Impact
The Guidance reinforces that BYOD practices must support, not burden, employees, and that respect for privacy and freedom of choice is essential. Employers should review existing workplace practices, policies, and technical solutions to ensure alignment with the Guidance and the GDPR.
Article provided by INPLP member: Yiannis Karamanolis (Karamanolis & Karamanolis LLC, Cyprus)
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