Trip registration and privacy

A GPS tracker in your car records where you drive. But is your employer allowed to simply view that information? And what about the private button? Many employees have questions about their privacy regarding mileage logging. In this article, you will read what the GDPR rules say about mileage logging and GPS tracking in the workplace, and how TrackJack handles this.

Trip logging and the GDPR

The GDPR (General Data Protection Regulation) protects personal data, including employee location data. GPS tracking of employees is permitted, but only if a number of conditions are met:

There is a legitimate purpose: fiscal mileage registration is a recognized purpose
The employee is informed in advance about the tracking
No more data is collected than necessary.
Private rides are not followed or are stored anonymously

What is the employer allowed to see and what is not?

The employer is entitled to access the employee's business trips. This is necessary for the audit obligation and for payroll tax. However, private trips are a different story.

What the employer is allowed to see:

Business trips: date, route, kilometers and destination
The total number of private kilometers per year (to check against the 500 km limit)
Commuting

What the employer must not see:

The exact location dates of private trips
Trips outside working hours if marked as private

The private button: how does it work?

TrackJack features a private button. By default, trips are assigned a business character. If you want to drive privately, hold down the private button, and only the next trip will be private. The trip after that will automatically revert to business.

This is how you comply with the GDPR obligation that private trips are not tracked, while the odometer remains accurate for the Tax Authorities. Read more about trip registration and privacy on the product page.

Information obligation for employers

Before an employer implements GPS tracking, they must inform employees about it. This can be done via a privacy policy, the employment contract, or a separate document. The employee must know:

What data is collected
For what purpose
Who has access to the data
How long the data is stored

TrackJack helps employers set up a GDPR-compliant working method.

Retaining data: how long?

The Tax and Customs Administration has a retention period of 7 years . TrackJack automatically stores trip data for 7 years in a secure environment. Private trip data is not stored. Read more about the retention period for your records.

Frequently asked questions about trip registration privacy

Is an employer allowed to track my car 24/7, even on weekends?

No, not without your permission and a clear purpose. Tracking outside working hours is only permitted if there is a legitimate reason for it and you have been informed about it. With the private button, you are in control.

Do I need to give permission for GPS tracking by my employer?

Not necessarily. The GDPR permits tracking based on a legitimate interest, provided the employee has been informed. Explicit consent is not always required if the purpose is legitimate and proportionate.

What if I don't agree with the tracking?

You can object to your employer or the Dutch Data Protection Authority. However, if the tracking is necessary for tax records and is set up in compliance with the GDPR, objecting is legally difficult.

Trip logging that respects privacy?
TrackJack is fully GDPR compliant. With the private button, you maintain control over your private trips, while business trips are automatically recorded.

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