An employee monitoring policy is a written document that tells employees what the company monitors, why, when, who can see the data and how long it is kept. Copy the template below, replace the fields in brackets and have each employee sign the acknowledgment. In New York, Connecticut and Delaware, written notice of monitoring is required by law.
Key takeaways
- A good policy is specific. It names what is recorded and what is not.
- The policy must match the software's real settings, line by line.
- Collect a signed acknowledgment and keep it.
- Review the policy whenever a monitoring setting changes.
What should an employee monitoring policy include?
| Clause | The question it answers |
|---|---|
| Purpose | Why are we monitoring? |
| Scope | Who and which devices are covered? |
| What is monitored | Exactly what does the software record? |
| What is not monitored | Where does it stop? |
| When | During which hours does it run? |
| Employee control | What can I see and pause? |
| Access | Who can view my data? |
| Retention | How long is it kept? |
| Use | How will it affect decisions about me? |
| Acknowledgment | Have I read and understood it? |
Employee monitoring policy template
[COMPANY NAME] ELECTRONIC MONITORING POLICY Effective date: [DATE] 1. Purpose [Company name] monitors the use of company computers and systems to keep accurate records of working time, to bill clients correctly, to protect company and client data and to manage workloads fairly. This policy explains what we monitor and how we use the information. 2. Who this policy covers This policy applies to all employees and contractors who use a company-owned computer, or who install the company's time tracking software on a device they use for work. 3. What we monitor During working hours, the company's monitoring software records: - the application in use and the title of its window - the domain of websites visited in the active browser tab - periods with no keyboard or mouse activity (idle time) - screenshots taken at random intervals of [X] to [Y] minutes, [blurred / not blurred] - [webcam images, if used] - time recorded against projects and tasks - attendance, including start time, end time and leave 4. What we do not monitor We do not monitor personal devices that do not have the company software installed. The software does not record outside your scheduled working hours of [START] to [END], [DAYS]. We do not record [keystrokes / audio / the content of personal accounts]. Please do not use company devices for private matters you would not want recorded. 5. Your control You can see the monitoring rules that apply to you in the software at any time. You can pause tracking for breaks. You can view your own recorded time, activity and screenshots. 6. Who can see the data Monitoring data is visible to you, to your direct manager and to [HR / ADMINISTRATORS]. Access is limited to people who need it for the purposes in section 1. 7. How long we keep it Activity records are kept for [PERIOD]. Screenshots are kept for [PERIOD] and then deleted. 8. How we use the data We use monitoring data for timekeeping, payroll, client billing, workload planning and security. We do not make disciplinary decisions from monitoring data alone. If the data raises a concern, your manager will talk with you first. 9. Questions and concerns Contact [NAME OR HR EMAIL] with any question about this policy, or to request a copy of your data. 10. Changes We will tell you in writing before we change what is monitored. ACKNOWLEDGMENT I have read and understood the [Company name] Electronic Monitoring Policy. I understand that my use of company computers and systems is monitored as described above. Employee name: ______________________ Signature: ______________________ Date: ____________
How do you adapt the template?
Match section 3 to your settings. Open your monitoring software and copy the real values: the hours, the screenshot interval, the blur level. If the policy says screenshots are blurred and they are not, the policy works against you.
Take section 4 seriously. People read the list of what is not monitored more closely than anything else. Be specific and be accurate.
Add what your state requires.
New York
Give the notice at hiring, collect an acknowledgment in writing or electronic form and post the notice in a conspicuous place, under Civil Rights Law § 52-c.
Connecticut
Give prior written notice of the types of monitoring, under General Statutes § 31-48d.
Delaware
Obtain an acknowledged one-time notice or show an electronic notice each day, under Title 19, § 705.
Outside the US, do more. In the EU and UK a policy is not enough on its own. You also need a privacy notice, a lawful basis and usually an impact assessment. See Employee monitoring under GDPR.
Unionized workplaces. Introducing monitoring can be a subject of bargaining. Talk to the union before you publish.
What should a posted monitoring notice say?
Use this short version on a notice board, an intranet page or a sign-in screen.
NOTICE OF ELECTRONIC MONITORING [Company name] monitors the use of its computers, email, internet access and telephone systems by lawful means, including time tracking and activity monitoring software. Monitoring takes place during working hours. See the Electronic Monitoring Policy or contact [HR CONTACT] for details.
What mistakes make a monitoring policy fail?
Vague wording
"We may monitor any activity at any time" tells employees nothing and invites the worst assumptions.
A policy that does not match the tool
Settings drift. The policy has to follow.
No acknowledgment
Without a signature you cannot show the notice was received.
Burying it
A paragraph on page 60 of a handbook is not notice in any meaningful sense.
Announcing by policy alone
Pair the document with a conversation. The announcement plan shows how.
How does BirdsEye keep the policy and the software in step?
In BirdsEye the rules live in the product. Each employee can open the desktop agent and see the tracking hours, screenshot interval, blur level, idle threshold, website tracking and webcam setting that apply to them. If an administrator changes a rule, the screen changes with it, and the change is written to the audit log. That makes section 3 of your policy easy to check. See the security and privacy page.
Frequently asked questions
Is an employee monitoring policy required by law?
Written notice of electronic monitoring is required in New York, Connecticut and Delaware. Elsewhere in the US a policy is not mandatory, but it is the standard way to show employees were informed. In the EU and UK, informing workers is a legal duty.
Do employees have to sign the monitoring policy?
New York requires an acknowledgment, and Delaware's one-time notice must be acknowledged. Everywhere else a signature is strongly recommended. Whatever the state, keep proof that each employee received the notice.
How often should the policy be updated?
Whenever you change what is monitored, and at least once a year. Tell employees in writing before a change takes effect.
Should the policy cover contractors?
Yes, if they use your monitoring software. Take advice first, because the degree of control you exercise over a contractor can be a factor in whether the law treats them as an employee.