Employer driver's license checks: Are they GDPR compliant?

In many professions, a driver's license is one of several basic requirements for staying mobile during working hours. Possession of a valid license is usually listed as a requirement in the job advertisement itself. It therefore seems legitimate for employers to check a driver's license during the interview process and throughout the subsequent employment relationship. However, few people realize that employers do not have a blanket right to check driver's licenses. Below, we outline exactly what the legal regulations state.

When is a company driver's license check necessary?

Driver's license checks by employers regularly become an issue when employees drive a car during working hours for professional reasons. Whether a license check is actually lawful depends on whether the vehicle is a company car or a private vehicle: 

If the employee uses a provided company vehicle, the employer is permitted to verify that they hold a valid driver's license. There are several reasons for this: under Section 21 of the Road Traffic Act (StVG), the vehicle owner can be held liable with a prison sentence or a fine if they allow someone to drive the vehicle who does not possess a valid license. It does not matter whether the vehicle is assigned to an employee personally or is part of a vehicle pool. In either case, the employer is the registered owner of the vehicle. Furthermore, in the event of an accident, the liability insurance may refuse to cover the damages, which poses a financial risk to the employer.

A company driver's license check is therefore permissible if the employer, as the officially responsible party, could face legal consequences.

Driver's license checks by employers: Legal basis

The legal basis for a driver's license check by an employer is derived, in the broadest sense, from the Road Traffic Regulations. If the employer is clearly the owner of the vehicle, they have the right to protect themselves against the consequences of violations and damages using appropriate means. Checking a driver's license involves processing personal data. Consequently, the regulations of the GDPR apply to the collection and storage of this information. There is no legally mandated frequency for how often these checks must be performed in the workplace. 

Is an employer allowed to make a copy of the driver's license?

Assuming there is a legal basis for a driver's license check, you, as an employer, need records to prove that the check was performed in order to protect yourself from legal issues. These records should clearly confirm the validity of the license for operating the relevant vehicle. Employers are generally not required to keep a copy of the license. Rather, a copy is a practical tool supported by Section 26 of the Federal Data Protection Act (BDSG), provided you have established the creation of copies as part of your regular documentation process. 

The best way to document a driver's license check is by using a form, which reduces data collection to the necessary minimum. The form simply confirms the validity of the license. By using a legally sound standard template, you can reuse the form repeatedly. This ensures consistent documentation and provides a quick overview.

What should be considered regarding electronic driver's license checks by employers?

For companies with a large number of employees using company vehicles, checking driver's licenses can become a time-consuming task. In the age of digitalization, however, effective solutions for this scenario are already available. An electronic driver's license check, for example, is based on a system that automatically sends reminders for check intervals and stores the results. Naturally, electronic checks also raise a number of questions regarding data protection. Therefore, you should pay attention to the following points, among others:

• Only collect data that is strictly necessary and appropriate to protect you as an employer from liability issues.
• Ensure data-compliant collection and processing, and ideally use a system with SSL encryption.
• Inform your employees sufficiently about the new electronic driver's license check system and obtain consent for the storage of their data.

Driver's license checks are legally required in certain respects to reduce employer liability for potential damages and violations. However, the documentation required for this protection always involves the collection of personal data.