With the entry into force of the amended law, a home office obligation applies again throughout Germany. This applies to employees with office jobs or comparable activities. In detail, the legal regulation that was already in force at the beginning of the year has essentially been reactivated. Accordingly, employers must offer their employees the option of working from home, unless there are compelling operational reasons for not doing so. The employees, on the other hand, must accept this offer unless there are relevant personal reasons to the contrary.
If employees pursue their activities outside the company premises, data protection concerns must always be taken into account. In particular, the security of data processing must also be taken into account by means of appropriate measures. This also applies in the case of a legal obligation to work from home.
Over the course of the last year, we have already supported you with drafts for contractual regulations, instructions for action and guidelines for data protection-compliant home office use. Due to the comparable legal regulation, these can be used again or continue to be used.