Appendix A. Appendix A.
OPERATING AGREEMENT(1)
For the use and operation of IP-based Real-time communication solutions
Between
Contoso Ltd
and
Contoso Employee Association, represented by the president Daniel Jonathan Valik, according to the following agreement:
PREAMBLE
There is an agreement between the management of Contoso and the Contoso Employee Association on the use of modern communication solutions needed in the company to increase the competitiveness of the company. The resulting requirements for their use may be in the interest of the company and the employees.
The purpose of this Operating Agreement is to develop business advantage through the use of advanced communication solutions and also to safeguard the privacy of the employees, especially in their rights to protect personal data and not be monitored for performance.
Scope
a. The operating agreement governs objectively the operation and use of IP-based real-time communication solutions (such as Lync Server, Lync Online, etc.) offering communication functions, such as telephony and Enterprise Voice, conferencing, file transfer, application sharing and instant messaging.
b. This Operating Agreement covers everything except specific operating agreements containing provisions that are inconsistent with those listed and is covered in under the special operating agreement.
c. The geographical scope extends to all operations of the Employer, as well as home offices.
d. The personal scope extends to all workers employed by the employer under the Federal Data Protection Act § 5 paragraph 1 and apply mutatis mutandis to the personal data of former employees.
The Purpose
The purpose of this Operating Agreement is to develop business advantage through the use of advanced communication solutions and also to safeguard the privacy rights of the employees, especially in their rights to protect personal data and not be monitored for performance.
Through greater use of audio and video conferencing, by reducing email volume and elimination of dedicated telephone systems brings about business advantages inter alia a more direct and efficient communication, for example, in the form of reduction in the number of business travels.
Currently classic telephony inter alia Microsoft Lync Server, Lync Online and Exchange Unified Messaging are used for real-time communications, audio and video conferences / presentations and training in the company.
Functional Areas
i. Presence
The Presence function provides information about the communication partner (For example: communication and organizational data) and his/her presence information: whether online, absent, active on the PC, in a meeting, etc.
These usage data may not be used in any way to monitor the interactions and conduct of employees/colleagues.
The "Tag" function which provides information about status change and presence information for employees / colleagues may not be used in any way to determine the productivity of the employee. No employee is required to be included in any contact lists. Each employee can decide who they share their presence information with and can choose to change their status at any time or even turn it off completely.
No logging of presence information is allowed (For example server side logging or custom application for presence based statistics.).
ii. Instant Messaging (IM)
Instant messaging enables the exchange of text in real time. There can be two or more employees engaged in an IM session. Similarly, the exchange of texts with users of other systems (such as AOL, MSN/Live Messenger, Skype and other services using PIC - Public IM Connectivity) or with employees of other companies (by Federation) is possible.
Content of the communication may be recorded:
a. Central record of the content of the communication is permitted only if this is made possible by the Federal Data Protection Act (§ 3 paragraph 1). Call data is logged only if this is explicitly required by law.
b. Local recording / storage may take place only if
All Communication partners give their consent
All employees have to follow the regulations set by the Company accordingly
Records shall not be used for power or in the monitoring of staff performance
iii. Audio and Video Communication (Conferencing)
Employees can communicate with each other through the means of audio and video communication (For Example: via Lync online meetings). Since Live images via web cam can be transmitted and individual employee can decide whether he or she allows it. Audio and video content can be recorded locally by the organizers on the hard disk after prior consent of all participants in the conference. Recordings of the conference may be used as meeting minutes and for future training purposes.
Content of the communication may be recorded:
a. Central record of the content of the communication is permitted only if this is made possible by the Federal Data Protection Act (§ 3 paragraph 1). Connection data is recorded only if this is required by law explicitly.
b. Local recording / storage may take place only if all communication partners give their consent. Recordings may not be used to judge an employee's communication abilities, work efficiency and use it as a basis for their performance review.
Unless all parties agree, any record is deleted after three months. This does not apply to records of presentations, lectures and training courses which are carried out without active involvement of the participants in the communication.
Records shall not be used for performance or behavioral surveillance of employees
iv. Telephony
The use of technology allows phone calls from personal computers and IP phones (For example Polycom or Jabra devices)
To other workstations inside and outside the company
To internal telephones
To internal IP phones
To the public telephone network
Contents of such calls will not be recorded or logged. Call data is logged only if it is explicitly required by law. (See Federal Data Protection Act, § 3 paragraph 1)
External Conferencing Service
About the Lync Online (meeting) service provided on the Internet: All employees can initiate Audio and / or video conferences with internal and external people.
The employer is responsible for ensuring that the Lync Online communication and collaboration service provider is in compliance with all the rules and regulations of this agreement.
Data / Interface
There are no processing method interfaces to personal data except for billing purposes and for ensuring technical operability (See Federal Data Protection Act, § 3 paragraph 1)
Evaluations
No personal evaluations must be created except for billing purposes and to ensure the technical operability (See Federal Data Protection Act, § 3 paragraph
Performance or Behavioral Surveillance
Monitoring of performance or behavior of employees cannot be done for the purpose of individual assessment and must be in accordance to § 87 paragraph 1 item 6 of the Federal Data Protection Act. Any information obtained in violation of this Operating Agreement shall be ineffective.
Privacy/Information Security
Privacy must be respected in accordance with statutory and company regulations.
The legal department of the organization or a dedicated privacy and compliance team (external resources or internal of the company) will act as the Privacy officer.
Before automated processing, modification or extension of personal data, the corresponding message must be first handed over to a competent data protection officer.
Operational rules for information security must be observed. The officer acts as the liaison for information security in an advisory capacity.
Rights of the Works
Contoso Employee Association has the legal rights to access any data and reports made by this technology.
Contoso Employee Association will inform all users and obtain consent from users for all intended changes, especially in the release of new features in the area of real-time communications (Such as Microsoft Lync Server and Lync Online services/Office 365).
If there is a dispute in how real-time communication is implemented and used based on this non-operating agreement, the Employee Association or the Employee have to resolve this in accordance to the Federal Data Protection Act § 76 paragraph 5.
Final Provisions
a. This Agreement shall be enforced upon signature.
b. The operating agreement may be terminated with a notice period of 6 months, but not before the xx.yy.zzzz. Upon termination, its regulations shall immediately enter negotiations with the management and the Contoso Employee Association over its continuation and adaptation of this Operating Agreement.
c. When regulations of this agreement are deemed invalid or inappropriate, you may replace them with more relevant rules. Individual rules can be changed, repealed or amended at any time by mutual consent.
Reference:
Laws are based on the EU Federal Data Act which can be found on: http://www.gesetze-im-internet.de/englisch_bdsg/index.html
