Time Tracking
Geolocation in Time Tracking: What the Law Allows and What It Does Not
Recording location when an employee clocks in raises more suspicions than almost any other HR software feature. Can the company know where I am at all times? Is that legal? What data is actually stored?
What the regulations say
In Spain, the processing of employee geolocation data is governed by the GDPR and the LOPDGDD. The key principle is proportionality: geolocation is lawful if there is a legitimate purpose, the employee is informed, and data collection is limited to what is strictly necessary for that purpose.
The Spanish Data Protection Agency (AEPD) has published specific guidelines on workplace geolocation. The summary: yes, it is legal with the appropriate safeguards.
What is permitted
- Recording location at the moment of clock-in (a single point in time, not continuous tracking).
- Verifying that the clock-in took place at the workplace via geofencing.
- Showing the employee their own recorded location.
What is not permitted
- Continuous tracking outside working hours.
- Collecting location data without informing the employee.
- Using location data for purposes other than time tracking without additional legal basis.
How to configure it correctly
The key is configuring the system so that location is only captured at the exact moment of clock-in, the employee can view their own records, and the company's privacy policy explicitly states this purpose.