BAG: No full copy of compliance reports

The Federal Labor Court ruled that employees cannot demand full copies of internal compliance reports about their conduct, even if they contain personal data. The decision balances data protection rights with business confidentiality and third-party privacy.

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Ruling limits access to compliance reports

The Federal Labor Court (BAG) ruled on April 16, 2026 (case no. 8 AZR 169/25) that employees cannot force their employer to hand over full copies of internal compliance reports about their conduct. The court found that while employees have a right to access their personal data, this doesn’t extend to entire documents containing legal analyses or confidential third-party information.

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Why the court decided this way

The ruling clarifies how data protection laws apply to internal workplace investigations. The court found that compliance reports contain three types of information:

1. Personal data about the employee (protected under GDPR)
2. Legal analyses (not personal data)
3. Confidential information about whistleblowers (protected)

The judges determined that employees only have a right to the first category - their personal data - not the entire report. They also noted that employees can challenge any disciplinary actions through other legal channels.

What happened in this case

A manager at a German company faced complaints about her leadership style from multiple employees. The company commissioned an external law firm to investigate, producing two versions of a compliance report in January and February 2024. When the manager requested copies of these reports to check the allegations against her, the company refused. The court ultimately sided with the employer, though it ordered the company to allow the manager to view (but not copy) parts of the report.