#MeToo vs. GDPR: Investigating Sexual Misconduct by EU Employees

Original broadcast date: July 6, 2021

This web conference explores how we can thoroughly investigate and respond to alleged sexual misconduct while protecting the privacy rights of EU-based employees. Explore this important topic during our interactive session based on a fact pattern and mock documentation concerning alleged sexual misconduct in a multinational company.

Questions asked will include:

  • Can text messages, emails and instant messages of a sexual nature be accessed from EU-based employees, including their mobile phones?
  • How can we notify the data subject without violating privacy rights of the accuser/accused?
  • While the scenario is set in Germany, participants will come away with new insights, practical tips and advanced skills for handling such a scenario in other EU/EEA countries.

What you will learn:

  • How to execute an international investigation involving allegations of sexual misconduct by EU employees and Special Categories of employee personal data.
  • Advanced knowledge of restrictions imposed on collection of employee communications, including What’sApp and text messages from mobile devices in Germany and other EU/EEA countries beyond those imposed by the GDPR.
  • The unique considerations that apply to processing and transferring Special Categories of employee data to the U.S. when investigating allegations of sexual misconduct or harassment.


  • Marion de Castelbajac, Privacy Consultant, The Privacy Pro
  • Jeffrey W. McKenna, CIPP/E, CIPP/US, Senior Privacy & eDiscovery Attorney, Orrick, Herrington & Sutcliffe
  • Ann-Kathrin Müller, CIPP/E, Senior Privacy Counsel, TechData
  • Christian Schröder, IP/IT Data Privacy Practice Group Leader, Orrick Düsseldor.

Credits: 1

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