• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Cheating in esport: Can I monitor employees?

6. December 2019
in Labour law, Law and Esport
Reading Time: 3 mins read
0 0
A A
0
security camera 3174223 1280
Key Facts
  • The topic of cheating in esports is currently very controversial and has a significant impact on public perception.
  • The monitoring of players can represent a considerable encroachment on their personal rights, especially without a clear legal basis.
  • A company agreement is necessary to separate the monitoring of business activities from privately used content.
  • Private e-mails and Internet use may not be monitored by the employer.
  • Surveillance software such as keyloggers is only permitted under certain conditions and needs a legitimate purpose.
  • Any interference with players' data protection and fundamental rights must always be proportionate and comply with legal regulations.
  • Monitoring should always be carried out with legal advice in order to avoid legal risks.

For numerous reasons, the topic of cheating in esports is currently very hot and controversial. But can I actually track my players to prevent cheating?

Content Hide
1. No covert surveillance?
2. Monitoring allowed?
3. Data protection and fundamental rights
4. As a result,
4.1. Author: Marian Härtel

My articles on cheating in esports and toxic behavior are currently in high demand. And I think that rightly. Because a “clean” esport will be important for public perception in the future. But “cheating” is also a very underestimated topic among organizations and tournament organizers. Above all, many managers or managers underestimate how much financial damage can be done. A damage that can be quickly quantified not only by the fact that you may not get paid a single tournament win.

But as an organization, can I monitor a player, for example, when they train at an organization’s performance center. This is comparable to the legal question, which in classical professions can be compared with things like camera surveillance.

No covert surveillance?

Covert surveillance is not allowed in principle, as this would be a significant interference with the player’s personal rights. The exceptions are very limited, e.g. when a camera can help to investigate a crime. However, since the monitoring of PCs of the team itself is also very problematic, at least without an absolutely legally secure company agreement, actions by the organisation as an employer (or as a client within the framework of marketing contracts) should never be taken without advice.

An enterprise agreement is also important because otherwise you have problems with the monitoring of personal content on the respective PCs, e.g. when the player arranges a doctor’s appointment or chats with his girlfriend.

It is therefore crucial whether you want to control official or private content. Official e-mails and websites accessed by the service may be tracked and checked by each employee. Consequently, in the case of esports, this should of course also apply to the official use of a PC, e.g. in a performance centre.

Private e-mails and internet use, on the other hand, may not, in principle, be controlled by the employer. In this respect, it may be important to contractually exclude private use of PCs in performance centres or when exercising together, otherwise it will hardly be possible to separate them.

Monitoring allowed?

In order to assess, for example, whether other monitoring is permissible than, for example, by means of a program such as a keylogger, a distinction must be made between whether the employee is aware of the monitoring and whether the monitoring has a legitimate purpose. Surveillance must not merely harass or put employees under observational pressure. The hurdles are quite big, so it should be considered whether anti-cheating measures are simply technically solved by “normal” players having no rights to install any other software.

Of course, this is certainly difficult to impossible to implement for the regularly freelancers who also play on their own PCs, even if it is possible to conclude an enterprise agreement (or an addition to a marketing contract) that allows the installation of monitoring software. Optimally, players are provided with hardware that cannot administer them themselves and/or where private use and the relevant esport titles are neatly separated.

It should also be noted that the use of monitoring software is generally not permitted without cause. In 2017, the Federal Labour Court had to decide on the supervision of a softwar developer by means of a keylogger and concluded that the employer was not allowed to use the data obtained from the use of the keylogger, as the monitoring was illegally right to informational self-determination.

In the FOPH’s view, this would also have been different if the employer had had a specific reason for monitoring, i.e. if there was a suspicion of cheating, for example.

Data protection and fundamental rights

The organisation (whether as an employer or marketing partner) must always take into account the individual rights of employees, freelancers and data protection when monitoring. In principle, any kind of surveillance violates the personal right of a person under Article 2(4) of the 1 GG in art. 1 GG in the form of the right to one’s own image and informational self-determination. Such interference with fundamental rights must therefore always be proportionate. The provisions of the GDPR and the rights of the data concerned must therefore always be respected. Legally, therefore, it is quite a challenge.

As a result,

Monitoring should not take place without legal advice. In the best case, the data obtained is only not usable, in the worst case you even expose yourself to claims of the employee or the contractual partner.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BeratungChatEsportE‑mailFederal Labor CourtInformationinternetJudgmentsLabor CourtLegal issuesLegal questionMailPrivacySoftwareVerträgeWorkers

Weitere spannende Blogposts

BaFin continues to postpone PSD2

BaFin continues to postpone PSD2
7. November 2022

BaFin will not object if payment service providers based in Germany execute card payments on the Internet until December 31,...

Read moreDetails

Co-Production Contracts in the Games Industry: A Guide for Developers

Co-Production Contracts in the Games Industry: A Guide for Developers
7. June 2023

Introduction The games industry is a dynamic and complex field that constantly offers new challenges and opportunities. One of these...

Read moreDetails

BGH on connected works and applicability of the SAS Institute decision

Small summary – Blizzard vs. Bossland
23. February 2023

In a case represented by me, the I. Civil Senate of the BGH last Thursday commented on the huge problem...

Read moreDetails

10 questions & answers about home office

10 questions & answers about home office
7. November 2022

Home office is definitely an unstoppable trend for many professions and businesses. This article is intended to provide a brief...

Read moreDetails

Doxing: A legal look and the potential for conflict with blockchain

Doxing: A legal look and the potential for conflict with blockchain
26. July 2023

Introduction The ongoing digitization of our world has not only revolutionized our everyday lives and working environments, but also the...

Read moreDetails

Is “Sponsored Post” enough as an advertising label?

Legal form as an influencer? A few hints!
17. April 2019

At the moment I have a case in which the question arises whether the word "sponsored post" is sufficient as...

Read moreDetails

Data protection when using cloud services

Data protection when using cloud services: what startups need to know
10. October 2024

Cloud services offer start-ups numerous advantages such as flexibility, scalability and cost efficiency. However, the use of cloud services also...

Read moreDetails

BGH confirms conviction for incitement of the people by online videos

Abusive warnings are punishable by law
7. November 2019

The Regional Court of Munich II sentenced the accused to a total prison sentence of three years and two months...

Read moreDetails

OLG Frankfurt am Main vs. OLG Celle – FernUSG in B2B Contracts

OLG Frankfurt am Main vs. OLG Celle – FernUSG in B2B Contracts
30. October 2023

There has been noticeable uncertainty in the coaching industry to date, particularly with regard to the applicability of the Distance...

Read moreDetails
Constitution

Constitution

30. June 2023

The Basic Law for the Federal Republic of Germany, GG for short, is the constitution of Germany and forms the...

Read moreDetails
Invitatio ad offerendum

Invitatio ad offerendum

1. July 2023
Step action

Appointment

25. June 2023
Gesellschaftsvertrag / Satzung

Gesellschaftsvertrag / Satzung

24. June 2023
Wettbewerbsrecht im digitalen Marketing: Do's and Don'ts für Startups

Wettbewerbsverbot (Wettbewerbsklausel)

11. April 2025

Podcast Folgen

8ffe8f2a4228de20d20238899b3d922e

Web3, blockchain and law – a critical review

26. September 2024

  In this insightful episode of the ITmedialaw podcast, we take an in-depth look at the intersection of Web3, blockchain...

75df8eaa33cd7d3975a96b022c65c6e4

Life as an IT lawyer, work-life balance, family and my career

26. September 2024

In this captivating episode of my IT Medialaw podcast, I, Marian Härtel, share my personal journey as a passionate IT...

4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024

Yeah, the first real episode with myself! In this podcast, we dive into the exciting world of IT law and...

3c671c5134443338a4e0c30412ac3270

“Digital law decoded” with lawyer Marian Härtel

26. September 2024

In this exciting 30-minute podcast, lawyer Marian Härtel decodes the complex world of digital law for the self-employed, start-ups and...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung