Employee Device Investigation Guidelines

Summary

Employers in India cannot access an employees personal laptop without their informed, voluntary written consent. Review employment agreements and policies for relevant provisions. Draft a consent form detailing the purpose and scope of the investigation. Restrict access to only relevant data and consult your legal team for guidance.

Full Conversation

my company has suspicious that an employee has used personal laptop for work and we want to investigate his personal laptop, are we allowed to do that?
Under Indian law, you cannot access an employee's personal laptop without their informed, voluntary written consent. To proceed, consider the following steps:
- Review employment agreements and policies for relevant provisions.
- Draft a consent form detailing the purpose and scope of the investigation.
- Restrict access to only relevant data.
- Consult your legal team for guidance.
If you have further questions or need clarification, feel free to ask!