Assessed issues and risks connected with the implementation of a telematics system

The experts of our practice have advised a client on installing a telematics system on corporate cars made available to employees. The system is expected to gather and transmit to the company data relating to an employee’s route, the stops made, driving safety (e.g. with regard to exceeding the speed limit), and fuel consumption. The data will be gathered round the clock and without pauses, including on weekends and holidays. The client needed advice on whether the implementation of such system was lawful, and on the conditions for such system to be applied.

Pepeliaev Group’s lawyers have analysed the conditions for providing telematic services by the client’s contractor. In addition, they have reviewed the system’s interface, and analysed the current practice of implementing telematics in relation to the employees, including from the viewpoint of employment law. As a result, the client received a complex opinion stating the risks inherent to the use of the system, a list of changes to be made in the internal regulations, as well as comments on each item contained in the consent to the processing of personal data of the relevant employee, which must be taken into account to use telematics.

Implementing telematics is a complex procedure since it includes aspects of employment law, the processing of personal data (in this case, data of special categories), and privacy issues (article 23 of the Russian Constitution).