{"id":30604,"date":"2018-09-11T09:13:30","date_gmt":"2018-09-11T09:13:30","guid":{"rendered":"https:\/\/thelegalcompany.nl\/?p=30604"},"modified":"2026-09-02T17:54:46","modified_gmt":"2026-09-02T17:54:46","slug":"privacy-and-the-sick-employee","status":"publish","type":"post","link":"https:\/\/thelegalcompany.nl\/en\/privacy-and-the-sick-employee\/","title":{"rendered":"Privacy and the sick employee"},"content":{"rendered":"

For the employer, it is important that a sick employee recovers as quickly as possible and can get back to work. To achieve prompt recovery, the employer needs information from the employee, for example to comply with the reintegration obligation. On the other hand, the right to privacy also remains an important fundamental right in the workplace. With the new privacy legislation, employers seem to end up in a duel between social security legislation and enforcement by the Dutch Data Protection Authority. What are you, as an employer, allowed to record about the sick employee, but above all: what is really not allowed? We briefly explain this to you in this blog. <\/strong><\/p>\n

What data may the employer record? <\/strong><\/p>\n

The Dutch Data Protection Authority applies a strict criterion for the processing of personal data of sick employees. These are set out in the policy rules ‘The sick employee’<\/a>. The employer is responsible for reintegration guidance, and must therefore be broadly aware of the employee’s medical condition. It is therefore unavoidable for you, as an employer, to gain insight into the employee’s possibilities and limitations, in order to enable a sustainable reintegration. The employer is, however, allowed to ask the employee and register the following when they report sick:<\/p>\n