Car tracking policy

legal updates

If a company vehicle is provided for both private and business use, a privacy button ought to be available to enable monitoring to be disabled.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Company vehicles are usually fitted with tracking devices using GPS (Global Positioning System).  This can be an insurance requirement and brings down insurance costs, but tracker devices offer other benefits to companies in terms of operational efficiencies and safety and security benefits. 

The information from a vehicle tracking device is personal data as defined by the General Data Protection Regulation (GDPR) meaning any information relating to an identifiable person who can be directly or indirectly identified.  Location data is included in the definition. 

This means that although there is a legitimate interest in collecting the data its use is strictly confined to stated organisational purposes only and, a clear workplace vehicle tracking policy is essential. 

More so, Employees often consider tracking devices as highly intrusive and an infringement on their right to privacy, and poor communication with employees about the use of vehicle tracking can have a negative impact and cause resentment, suspicion and insecurity within the workforce if clarity is lacking on the way the company is using information from its tracking devices. 

If a company vehicle is provided for both private and business use, a privacy button ought to be available to enable monitoring to be disabled.  Otherwise, the express consent of the employee must be obtained for continuous monitoring. 

A workplace policy should be set out the details of the nature and extent of monitoring and each employee should consent in writing to the presence of the device.  The policy should clarify what private use can be made of vehicles provided by, or on behalf of, the employer, and any conditions attached to use.

It is important that workers using the vehicles are aware of the policy.  It should be completely transparent, and all employees should be aware of the presence of tracking devices in the vehicles the use.  The purpose of the devices should be clearly explained and the rules on their use including what data the system can provide and how the data gathered will be used by managers, supervisors, the Transport Unit, and even clients and the general public if the case. 

Failure to ensure there is clarity around the use of tracking information could result in a breach of data protection regulations, or human rights and employment rights legislation, so a well written company policy is essential.

Connected Car FinanceReady to take the connected approach?

We’re here to ensure all used car dealerships deliver a better car finance experience for their customers. With over 4,000 approved dealer partners we ensure you are properly supported and connected with a range of flexible finance options, allowing you to lend and your customers to buy in complete confidence.

Polly DaviesLegal AdvisorRead More by this author

Related Legal Updates

Extension of Redundancy Protection for Pregnancy and New Parents

Explore the strengthened redundancy protections for new parents with significant amendments to maternity, adoption, and shared parental leave rights, effective from April 2024, ensuring enhanced job security during critical family milestones.

Changes to Flexible Working

Unveil the new landscape of flexible working rights with the Employment Relations (Flexible Working) Act 2023, now granting ‘day-one’ rights to employees and setting a precedent for more adaptable workplace practices effective from 6 April 2024.

Time to review your privacy policy?

Our members should be aware of whom they are sharing their data with, and ensure any third-party companies are registered with the ICO.

New employment legislation effective from 6 April 2024

Enhanced employee rights, offering day-one entitlements to carer’s leave, flexible working arrangements, and extended redundancy protection for pregnant employees and those on family leave.

Wages increasing from 1 April 2024

With effect from 1 April 2024, the hourly rates of pay are…

Employment Law: Carer’s Leave

The regulations explicitly safeguard employees from any detriment or dismissal resulting from taking or seeking to take carer’s leave.

Employment Law: Annual Leave Changes

Several significant changes came into force on 1 January 2024 that affect the statutory annual leave and pay entitlements.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.