Works council and IT 2026: Co-determination in remote and monitoring

Remote working as the new normal and the role of the works council

The shift towards remote working is well established in many companies, based on the experience of recent years. Mobile working models - be it working from home, coworking or flexible working on the move - now characterise numerous industries and open up new potential, but also challenges. The relocation of the workplace is changing key aspects of everyday working life: companies are faced with the task of adapting their IT infrastructure, reliably protecting company-wide data and reorganising collaboration in distributed teams. This is where the works council comes into play. Co-determination in digital processes gains in importance as soon as working methods become digital, location-independent and increasingly automated. Proven structures are reaching their limits; new regulatory paths and creative approaches are required. Companies that are further developing their IT strategy should involve employees at an early stage and strengthen their rights. In this phase, the works council becomes the central bridge between technical innovations and employee protection.

Co-determination rights in times of change: opportunities and challenges

Whenever companies introduce new IT solutions or change existing systems, the Works Constitution Act - in particular Section 87 BetrVG - provides for extensive co-determination rights. Nevertheless, these participation rights are not always systematically applied in the case of remote working or monitoring tools. Practical examples illustrate the challenges: For example, the introduction of a cloud-based platform with comprehensive analysis and reporting functions that records login behaviour and working hours, for example, can quickly become subject to co-determination. The IT works council may object that such tools have a significant impact on data protection, the health of employees or their personal rights. In view of new technologies such as AI-based analyses, automated workflows or location tracking, which will continue to increase by 2026, these co-determination rights are becoming more complex. Early involvement and constructive dialogue make it possible to minimise uncertainties and potential conflicts even before a solution is implemented and to create clear, robust rules.

Concrete examples from practice: cooperation at eye level

Observations from companies show how the works council helps to shape practical IT changes. If, for example, a time recording system is introduced via an app, the focus is not just on technical requirements. Rather, the works council also clarifies which analyses and evaluations are permissible, how long data is stored and to what extent work profiles or movement data can be traced. Control over these processes includes both the selection of the tool and the specific design of the evaluation criteria. In a further scenario, the IT team can install a monitoring system to protect the network, which highlights unusual activities such as high data volumes or long periods of inactivity. At the interface between IT security, data protection and personal rights, the works council assumes IT responsibility: for example, it ensures that protection mechanisms are integrated and threshold values are defined that protect the privacy of employees. Expertise and an understanding of the impact of digital tools are particularly important here in order to jointly establish viable solutions.

IT works council: expanding expertise and collaboration

The technical expertise of works council members plays a key role in IT-related co-determination issues. Uncertainties about the scope of co-determination often arise both with company management and within the committee itself. Adapted training courses, often offered by trade unions or specialised consultants, support the development of this expertise. Larger organisations rely on interdisciplinary teams: representatives from IT, HR and the works council form working groups that develop solutions together on an equal footing. A structured approach has proven successful in many cases - for example with the help of a "co-determination roadmap", which maps out all relevant participation rights for IT projects from planning to implementation in stages. Both sides benefit from such processes: Innovation potential can be better utilised and security and user acceptance are incorporated into product development at an early stage. The resulting solutions are not only more sustainable, but also enable flexible regulations that can be easily adapted in the event of technical innovations.

Technical and legal challenges in employee monitoring

Technological developments in the field of monitoring are progressing rapidly. The boundaries between optimising work processes, adhering to compliance requirements and protecting against unwanted performance monitoring are becoming increasingly blurred. Modern company networks utilise automated reports, AI-based anomaly detection and continuous data flow recording. At the same time, flexible work locations lead to increased requirements for IT security and data protection. In this environment, the involvement of the IT works council is not an option, but mandatory. Its task is to critically monitor the collection, processing and storage of data and - where necessary - to insist on the anonymisation or pseudonymisation of the information collected. However, various company examples show that general company agreements initially provide guidance, but have the disadvantage that they can lead to inconsistencies in the event of subsequent system adjustments. Clear, detailed regulations - for example by strictly separating IT security data from user behaviour data - establish legal certainty and avoid conflicts later on.

Proven approaches for 2026 and specific recommendations

Companies and works councils are increasingly faced with the task of combining technological innovations with legally compliant co-determination. In order to enable successful digitalisation and good cooperation, it is advisable to integrate the IT works council at an early stage during strategic IT planning. Joint workshops and regular dialogue create a solid basis for mutual understanding and help to avoid misunderstandings later on. A flexible and practicable approach is to set up a "digital compliance panel" in which legal, data protection and IT experts jointly develop guidelines for technological innovations. Safeguarding and promoting innovation thus go hand in hand: companies avoid wrong decisions and unnecessary reworking. Another tried and tested practice is modular company agreements. They not only enable binding regulations on IT systems, but can also be quickly adapted to changing framework conditions or technological updates. Role-based access concepts (RBAC) have become established in technology areas and ensure that different user groups - including works councils - have access to exactly the information they need.

A practical example from software configuration: when introducing collaboration solutions, it is possible to granularly control access at the cloud application level. This is what a role-based access definition under Azure Active Directory could look like:

// Example of role-based access control in Azure AD { "role": "Works Council-ReadOnly", "actions": ["ViewAuditLogs", "ReadUserInformation"], "notActions": ["DeleteUser", "WriteData"] }

This configuration gives the works council insight into relevant audit logs, but excludes it from sensitive administration functions. Transparency and security are strengthened in equal measure in this way.

Conclusion: Future-proof co-determination - a challenge and an opportunity

Digitalisation is not only changing work processes, it is also presenting new challenges for employee co-determination. In the area of works council IT, a close integration of technical and legal expertise is required above all in order to create a modern, secure and transparent working environment. Works councils need targeted further development and continuous dialogue, while companies benefit from clear, flexible and well-founded regulations that support technical innovations and ensure stability. Sustainable cooperation between works councils and IT departments makes the workplace more future-proof and opens up opportunities for innovation and resilience. Those who strengthen communication channels, expand competences and design future-oriented works agreements now are laying the foundations for a resilient and attractive digital working environment.