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Spain is united to the countries with ties to ‘ cibercontrol ’ of the companies
Whereas the legislations of the United Kingdom and the USA prioritize the right to supervise to the employer, Germany and France protect the user.

Mouse blow, an employee can visit 2,675 different pages Web in a month. The unique requirement: to ignite the computer with which habitually it works and to send themselves to sail. What sees it will be besides the supervision of the company. As a result of the recent sentence of the Supreme Court on the telematics means use in the labor surroundings, Spain has added itself to the car of countries that restrict the capacity of monitoring of the societies on the customs of their employees in the Network. The control that has the industralists on the use of the new technologies varies from a country to another one. The experts distinguish two tendencies: followed by the Anglo-Saxon world and the one of the countries of continental Europe. “In the first group, a priority by the property exists; the industralist makes available technological means to his workers and can exert a control on his use”, points Salvador of the King, partner director of the labor area of Cuatrecasas. However, the flexibility of activities of the British current has not prevented “decisions of the courts who put more emphasis in the protection of the worker”, emphasizes Juan Calvente, director of the Labor Department of Clifford Chance. In the opposite side, countries like France or Germany are placed. “In these jurisdictions, a model is followed that protects more to the worker”, it points the lawyer of Cuatrecasas. That is to say, the industralist can exert a control, although with limits, since indications that must exist an irregular use is being carried out and the company must warn in advance which is its policy of action on the matter. The differences between the legal orderings about this matter are related to the treatment that occurs to the privacy in each country. “The American Constitution does not pick up the privacy like a right, they impel although it of other forms, whereas Spain and other nations of the European continent yes, reason why are a right that has a greater protection”, it aims Of the King. Even so, according to the consulted legal experts, the English and American companies and usually inform into their political Telematics to their workers previously, although the legislation it does not require it. “One is to notice that the periodic controls comprise of the policy of the company”, Calvente explains.

Internet in front of personal mail

 Also, it is possible to make a distinction between the reach of Internet, in global sense, and the email. With the sign that the workers leave after sailing by the Network, the companies could realize ideological or personal profiles of their employees, something that the legislations Spanish or French do not tolerate. However, the fundamental right that it prevails in the case of the electronic mails is the secret of the communications. Separate mention deserves the Italian case: “The judicial resolutions solve the controversy from the point of view of protection of data”, adds the labor person in charge of Clifford. For the experts, the sentence of the Supreme one does not suppose a revolution with respect to the tendency in other countries. “It follows the line of countries like France, very restrictive in this matter”, aim. (The extracted News of Expansion)

 
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