In many companies, it is common practice for employees or managers to forward work emails to their private addresses - either for convenience, so that they can work from the comfort of their couch at home, or - as in the case of the Munich Higher Regional Court (judgment of 31.07.2024 - 7 U 351/23 e) - to protect themselves. However, as the recent ruling shows, this practice can lead to termination without notice.
May business e-mails be sent/forwarded to private e-mail addresses?
In this specific case, a member of the Executive Board forwarded emails containing confidential information and personal data to his private email address over a long period of time. His reasoning: he wanted to protect himself so that, in the event of a later dispute, he could prove that he had not made any mistakes that could make him liable. This approach, as understandable as it may seem, led to his termination without notice.
The Munich Higher Regional Court clarified that both ordinary employees and members of the Executive Board are subject to the strict data protection requirements of the General Data Protection Regulation (GDPR). The forwarding of business emails to private addresses generally constitutes a breach of Art. 6 para. 1 GDPR, as the data subjects - customers or employees - have not consented to such processing. In addition, private email accounts often lack the necessary technical security measures required by Art. 32 GDPR.
Reason for termination: breach of trust
The court emphasized that employees and board members have legally impeccable ways to obtain official documents if necessary. Particularly in management positions, it is expected that company guidelines are strictly adhered to. For the Munich Higher Regional Court, the repeated and deliberate forwarding of the emails constituted a serious breach of trust, which justified termination without notice in accordance with Section 626 of the German Civil Code (BGB). However, unintentional breaches can also be grounds for termination.
Conclusion: companies must train employees in handling data
This decision clearly shows that the seemingly harmless practice of forwarding emails to private addresses harbors considerable risks - for all employees, regardless of their position. This is all the more true when sensitive data is involved. Companies should therefore establish clear rules on the use of email accounts and the forwarding of data and ensure that all employees, especially managers, are aware of and comply with these guidelines.
