BGL and ELVIS Warn Against Unverified Data Sharing

Europe’s largest truck cargo association ELVIS and the leading association of the German transport and logistics industry BGL have observed an increasing number of inquiries in recent weeks from transport and forwarding companies regarding the release of their telematics data in connection with order fulfillment via freight brokerage platforms. Both the operator of the internet platform and the clients are expected to access this data to optimize the processes of order processing.

(Alzenau/Frankfurt Main) BGL and ELVIS conclude, after legal review by the BGL Competence Center Law (KomRe), that unregulated sharing of telematics data with third parties is to be rejected. Companies must not suffer any disadvantages, such as exclusion from tenders or transport via a platform.

In Germany, the protection of personal data is a high priority. The sharing of this data is strictly regulated. The often careless handling of sharing telematics data with third parties must therefore be critically questioned. According to the General Data Protection Regulation (GDPR), the scope of the regulation applies to the wholly or partially automated processing of personal data that is stored or intended to be stored in a filing system.

Data Relates to Identified Person

Telematics data are inherently personal data in the sense of the GDPR, as they relate to an identified or identifiable person – the truck driver. Therefore, sharing this personal data with third parties generally requires proper consent from the affected person. This consent, however, requires further information about the nature, scope, and purpose of the collected data, as well as the possibility to have the data deleted upon request. If there is any ambiguity here, the employee cannot effectively consent to the data processing. Caution is also advised for the employer of the drivers: Incorrect or insufficient information could lead to a complaint from employees to a supervisory authority or to claims for damages. A fine imposed, if exceeding 200 euros, would be recorded in the commercial central register and could, in the case of recurrence, lead to the loss of the goods transport license or the EU license.

Request Proof of GDPR-Compliant Regulations

BGL and ELVIS therefore urgently recommend that transport and forwarding companies request proof of corresponding GDPR-compliant guarantees and data protection regulations from the platform operator when they wish to exchange telematics data with the platform. In particular, they should insist that transparent and comprehensive regulations be presented, naming responsible persons, and that all necessary steps of the platform be documented in writing by the data protection officer of the operator, including their full name and corresponding address. This data can then be made available to their own employees and, if applicable, to the works council. Only then can consent to the transmission of telematics data be granted.

BGL and ELVIS point out that neither the employee nor the company should suffer any disadvantages if they refuse to share the data. For example, such companies should not be excluded or disadvantaged from tenders or transport via a platform. Otherwise, according to current understanding, there would be a violation of the law against unfair competition.

To offer transport and logistics companies a secure, GDPR-compliant solution, BGL and ELVIS are considering creating their own solutions.

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