Digital Surveillance in Remote Work in Ukraine: Privacy and Labor Law

Authors

• Olena Sereda, Yaroslav Mudryi National Law UniversityFollow
• Olena Ye. LutsenkoFollow
• Dmytro Sirokha, Taras Shevchenko National University of KyivFollow
• Liubov Kotova, Volodymyr Dahl East Ukrainian National UniversityFollow
• Iliana V. ZinovatnaFollow

Keywords

digital surveillance, remote work, control, employee rights, balance of interests

Abstract

This study aims to examine the balance between employers’ rights to monitor employee performance and employees’ rights to privacy in the context of remote work, emphasizing the transformation of labor relations under the influence of digitalization, the COVID-19 pandemic, and martial law in Ukraine.
The research applies comparative legal analysis, synthesis, induction, and deduction to explore international experiences, particularly those of the EU and the United States, and their applicability to Ukrainian labor legislation. The methodology integrates doctrinal legal research with an interdisciplinary perspective on digital governance and employment law.
The paper reveals a significant gap in Ukrainian labor law regarding the legal regulation of digital surveillance and proposes mechanisms to ensure proportional, transparent, and rights-based monitoring practices. It demonstrates that introducing GDPR-aligned principles into national legislation would harmonize privacy protection with digital economic innovation.
The research is primarily conceptual and legal in nature, focused on regulatory frameworks rather than empirical data. Nevertheless, its findings carry broad implications for policymakers, employers, and legislators seeking to align national labor policies with international digital economy standards.
This is among the first comprehensive legal studies in Eastern Europe that contextualizes employee digital surveillance within the framework of labor rights, data protection, and sustainable digital economy governance. 
The paper provides practical recommendations for balancing technological control mechanisms with fundamental human rights.

Repository Citation

Olena Sereda, Olena Ye. Lutsenko, Dmytro Sirokha, Liubov Kotova, and Iliana V. Zinovatna, Digital Surveillance in Remote Work in Ukraine: Privacy and Labor Law, 18 J. Civ. L. Stud. (2026)
Available at: https://digitalcommons.law.lsu.edu/jcls/vol18/iss1/9