New provisions on remote work and sobriety checks were adopted in the Act of 1 December 2022 amending the Labour Code and other acts. The Act was published in the Official Journal on 6 February 2023, which means that:

  • the provisions on remote work enter into force on 7 April 2023,
  • the provisions on sobriety checks entered into force on 20 February 2023.

Remote work

If an employer allows employees to work remotely, now is the best time to start implementing the new remote work regulations. The employer is required to take the following actions:

  • implement a data protection procedure for remote working that incorporates information security principles;
  • provide instructions and training on such procedures where necessary;
  • obtain acknowledgement on paper or electronically from the remote worker that they have read and agree to comply with such procedures;
  • establish rules and regulations for remote working or conclude an agreement with the company's trade union on remote working. 

Sobriety checks

Testing for sobriety or for the presence of substances having a similar effect to alcohol is permissible if it is necessary to ensure the protection of the life and health of employees or other persons, or the protection of property. Employers who introduce checks will therefore collect new categories of personal data about their employees, such as the date of the testing and test results.

Measures required of an employer that intends to introduce employee sobriety checks include:

  • laying down rules on sobriety checks in the work regulations,
  • adopting a procedure for carrying out sobriety checks, including the manner in which testing is carried out, the circulation of documents, etc.
  • inform employees of the introduction of sobriety tests,
  • determine the legal basis for processing employees' personal data collected in the course of sobriety checks,
  • update the information regarding the processing of employees' personal data,
  • update the register of processing activities, including the data retention period.

On 20 February, 2023, the Minister of Health Regulation of 16 February, 2023, on tests for the presence of alcohol or substances having a similar effect to alcohol in an employee's organism was published. This regulation sets out, among other things, the conditions and methods for conducting tests for the presence of alcohol and substances of similar effect to alcohol.