GPS Tracking in Security Services: The Legally Compliant Guide for 2025.

GPS tracking in security services offers full accountability, optimized patrol routes, and increased safety for staff. But with the technology comes significant legal responsibility. The key question every facility and security manager faces is: What kind of GPS monitoring is legally allowed?

In Germany, covert tracking isn't just a breach of trust — it's outright illegal. Failing to comply with strict data protection laws can lead to massive GDPR fines and lawsuits. The risk is real.

This guide provides clear, actionable advice. It outlines the key requirements under GDPR and BDSG, explains what makes GPS tracking legally compliant, and shows how a modern
online guard patrol system like COREDINATE^® can help you boost efficiency while remaining 100% legally compliant.

Employee GPS Monitoring: What Does the Law Say?

The short version: Yes, GPS tracking is allowed, but only under very strict, clearly defined conditions. Blanket, continuous, or covert tracking is illegal. Any collection of location data severely impacts an employee’s personal rights and is therefore subject to the highest data protection standards.

Two core laws define the boundaries:

1. General Data Protection Regulation (GDPR): Sets the EU-wide framework for handling personal data.
2. Federal Data Protection Act (BDSG): Specifies how GDPR applies in Germany, especially in employment settings (§ 26 BDSG).

One core principle applies: Without a valid legal basis, processing location data is prohibited.

Legal Basis Explained: GDPR and BDSG

Two legal bases under Article 6(1) GDPR apply to GPS tracking in security services:

1. Employee Consent (Art. 6(1)(a) GDPR)

This is the most transparent and secure approach. GPS tracking is lawful if the employee gives voluntary, informed, and explicit written consent.

• Voluntary: Refusing consent must not result in any disadvantage (e.g., job loss). Consent must be given freely.
• Informed: The consent form must clearly specify what data is collected, why (e.g., route documentation, lone worker protection), when (work hours only?), and for how long (retention period?).
• Explicit & Written: Verbal acceptance isn’t enough. Consent must be actively given and documented, ideally via a separate agreement. Employees must also be informed of their right to withdraw consent at any time.

2. Legitimate Interest (Art. 6(1)(f) GDPR)

Employers may cite “legitimate interest,” but this requires a strict balancing of interests. The company’s need (e.g., asset protection) must be weighed against the employee’s right to informational self-determination.

In reality, this bar is very high. Court rulings show that employee rights usually take precedence, especially when tracking is continuous. "Legitimate interest" is a legally risky option. A valid use case might be theft protection for high-value vehicles, but even then, tracking must be event-based, not continuous.

§ 26 BDSG: The Key Term – “Necessity”

This section states that employee data may only be processed when strictly necessary for carrying out the employment relationship. The term “necessary” is interpreted narrowly. Continuous location tracking for performance monitoring is never justified. The necessity must be clearly proven for each purpose.

Checklist: Requirements for Legally Compliant GPS Tracking

To stay compliant, your system must meet all of the following. Missing just one point may render your entire GPS policy unlawful.

• Transparency: No covert tracking. Employees must be fully informed about the system’s implementation and functionality.
• Written voluntary consent: Collect a separate, detailed consent form from each employee. This is the most secure legal foundation.
• Clear purpose limitation: Define and document exactly why tracking is used. Legitimate purposes include:
   
  • Service proof: Verifying that patrol checkpoints were completed.
  • Lone worker protection: Enabling fast response in emergencies (e.g., via panic button).
  • Theft protection: Event-based tracking in response to suspected theft.
• Prohibited purposes:
  
  
  • Monitoring break times via GPS: Completely off-limits — a serious invasion of privacy.
  • Continuous performance tracking: Creating full movement profiles or checking speed.
• Data minimization (Art. 5 GDPR): Only collect data strictly necessary for the purpose. A system that logs location only upon specific events (e.g., checkpoint scans) is always better than continuous tracking.
• Limited retention: Define a clear deletion policy. Store data only as long as needed for the defined purpose.
• Works council involvement: If applicable, the works council has a mandatory co-determination right under § 87(1)(6) of the Works Constitution Act. Without a formal agreement, implementation is not permitted.

The Risks: What Happens If You Break the Rules?

The consequences of non-compliance can be severe — even threatening a company’s existence.

• Massive GDPR fines: Regulators can impose penalties of up to €20 million or 4% of global annual turnover.
• Criminal liability: Covert employee surveillance can be a criminal offense, e.g., under § 201 of the German Penal Code for breach of confidentiality.
• Compensation claims: Employees may sue for damages, including emotional distress.
• Inadmissible evidence: Illegally gathered data cannot be used in court (e.g., wrongful termination lawsuits).
• Severe reputational damage: News of illegal surveillance harms your brand with clients, partners, and job applicants.

The Solution: A GDPR-Compliant Online Guard Patrol System

Legal risks shouldn’t prevent you from embracing digital solutions. COREDINATE^® is purpose-built to ensure lawful implementation.

The key lies in its approach: A Guard Patrol Tour System is not a surveillance tool, it’s a system for event-based documentation and management.

Event-Based Tracking, Not Continuous Surveillance

Unlike continuous GPS tracking that builds a full movement profile, a digital guard patrol system logs locations only when specific actions are taken:

• Checkpoint scan: The employee scans an NFC Control Point The system logs time and location.
• Event reporting: The employee reports an observation (e.g., "window left open") in the app.
• Emergency alarm: The employee activates the man-down alarm or panic button for lone worker protection. Here, real-time location is crucial — and legally justified.

This approach fully complies with data minimization principles. No unnecessary data is collected. The system is event-based, transparent, and limited to what’s essential.

How COREDINATE^® Ensures Legal Compliance

A professional workforce management system for security services offers features designed to meet GDPR requirements:

Checklist: 6 Steps to a Legally Compliant GPS System

Follow these steps to implement a system like COREDINATE^® successfully and lawfully in your organization.

1. ☑️ Step 1: Define purpose and necessity
   Document your goals (e.g., full service logs for Client X, compliance with DGUV lone worker safety regulations).
2. ☑️ Step 2: Involve the works council early (if applicable)
   Proactively engage with the works council. Emphasize the benefits (especially for employee safety) and draft a joint agreement.
3. ☑️ Step 3: Inform employees transparently
   Host an info session. Clearly explain what the system does — and more importantly, what it doesn’t do. Stress that it’s about documentation and safety, not surveillance.
4. ☑️ Step 4: Collect detailed written consent
   Work with your data protection officer to create a clear consent form that includes:
   • What data is collected (GPS, timestamps).
   • Purpose (e.g., “only for logging patrols and ensuring emergency support”).
   • Exclusion of tracking during breaks or outside work hours.
   • Storage duration and deletion policy.
   • Notice of the right to withdraw at any time.
5. ☑️ Step 5: Consult your data protection officer
   They must oversee and validate the entire process. A Data Protection Impact Assessment (DPIA) under Article 35 GDPR may be required.
6. ☑️ Step 6: Configure the system accordingly
   Ensure the system is technically set up to reflect all agreements. Disable any features not covered by the stated purpose and consent.

Conclusion: Efficiency and Safety in Line with the Law

Employee GPS tracking is a legal minefield. Covert tracking is banned, and careless use of GPS technology can lead to ruinous GDPR fines.

The key to success is transparency, securing written voluntary consent, and using the right technology.

COREDINATE^® is the answer. With its event-based approach rather than constant surveillance, it naturally meets principles like data minimization and purpose limitation. It turns legal risk into an opportunity: You gain a legally sound record of service while boosting employee safety.

Don’t operate in a legal grey area. Choose a transparent, fair, and compliant solution that builds trust and positions your business for the future.