For many fleet managers, this notion of compliance may seem vague, even complex. However, it is essential, because as soon as a vehicle is assigned to an employee and data such as geolocation or driving behavior is recorded, we are talking about processing personal data. And in this context, the company becomes fully responsible for how this data is collected, stored, and used.
Consent or legitimate interest: each company has its own approach
One of the first choices a business must make is the legal basis for data collection. There are two main options, both of which are covered by the GDPR.
The first is to obtain the explicit consent of each employee. This method is simple and legally secure, but it requires everyone to refuse without consequences. It is therefore ideal when the company offers, but does not wish to impose, the use of the fleet management solution.
The second is based on the employer's legitimate interest. In this case, the company may decide to impose the system, provided it can demonstrate that this data collection is necessary for its proper functioning: logistical optimization, security of property and people, regulatory obligations, etc. This basis, in turn, requires the employer to assess and limit the impact on employees' privacy. The ability to switch to "personal travel" mode, for example, is a good practice for maintaining this balance.
And if this European regulation is sometimes perceived as complex, it is above all essential.
👉 Do you know what legal basis your system is based on?
👉 Have you informed your employees well?
👉 Are you able to demonstrate your compliance in the event of an inspection?
Methodology
When you use our fleet management solution, you stay data controller collected. This is why we have designed a complete compliance kit to help you meet GDPR obligations, without complexity.
To summarize, there are two possible legal approaches:
- By consent of your employees (voluntary option)
- Or based on your legitimate interest (imposed, justified solution)
In both cases, compliance requires specific steps to be followed: documentation, staff information, rights management, and data security.
SoFLEET, a partner committed to compliance
Aware of the challenges related to data protection, SoFLEET offers its customers comprehensive support to integrate the solution in compliance with regulations. And even a compliance kit GDPR !
It includes a practical guide, document templates and concrete recommendations for informing employees and providing the necessary evidence in the event of an audit or dispute.
Our goal is simple: allow every company to take advantage of connected vehicles without compromising the privacy of its employees.
