Monitoring Company Email Accounts in Cyprus: What Employers Need to Know

It is unquestionable that email remains one of the primary tools for business communication. Many employers in Cyprus consider monitoring company-provided email accounts to protect business interests, ensure compliance, or investigate potential misconduct. While such monitoring is not prohibited, it must be carried out in strict compliance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Cyprus Law 125(I)/2018 on the Protection of Natural Persons Against the Processing of Personal Data.

Failure to follow the rules can result in significant fines and reputational damage. Understanding the legal framework is therefore essential.

1. Is email monitoring considered personal data processing?
Yes. Emails often contain personal data about employees, clients, or third parties. Accessing, storing, or analysing the content or metadata of these emails constitutes “processing” of personal data under Article 4 of the GDPR, triggering the full set of GDPR obligations.

2. Lawfulness of email monitoring
Under GDPR, any monitoring must be:

• Lawful, fair, and transparent – Employees must be clearly informed of the scope, purpose, and method of monitoring.

• Purpose-specific – Monitoring must serve a legitimate and clearly defined business purpose.

• Proportionate – The level of monitoring must not exceed what is necessary to achieve that purpose.

• Secure – Measures must be in place to protect collected data from unauthorised access.

3. Legal basis for monitoring
Employers may rely on:

• Legitimate interest – Protecting the company’s IT systems, preventing data breaches, or investigating misconduct.

• Performance of a contract – Where monitoring is necessary for the fulfilment of employment duties.

• Legal obligation – Compliance with statutory requirements or regulatory standards.

Consent is generally not recommended as a legal basis due to the imbalance in the employer–employee relationship, which undermines the “freely given” requirement.

4. Proportionality and less intrusive measures
The principle of proportionality is critical. For example, continuous, unrestricted monitoring of all email content is likely to be excessive. Employers should consider less intrusive alternatives, such as monitoring only email metadata or filtering specific categories of emails for security purposes.

5. Guidance from case law
European Court of Human Rights and EU case law recognise that employers may monitor work email accounts if employees have been informed in advance, the monitoring is proportionate, and it serves a legitimate aim. In Cyprus, the Office of the Commissioner for Personal Data Protection has emphasised the need for a written internal policy detailing the purposes and methods of monitoring.

6. Practical recommendations for employers in Cyprus
Before implementing email monitoring, employers should:

• Draft and distribute a clear IT and communications policy.

• Specify in writing the reasons for monitoring and the type of data collected.

• Ensure employees are informed before monitoring begins.

• Limit monitoring to what is strictly necessary.

• Secure any collected data and restrict access to authorised personnel only.

Conclusion
Monitoring company email accounts in Cyprus can be lawful if conducted with transparency, proportionality, and in line with GDPR requirements. Employers must balance their legitimate business needs with employees’ right to privacy. Legal advice is essential to ensure internal policies and technical practices comply with both EU and Cyprus law.