On a workation, data protection is more than "just IT security". As soon as you access your employer's personal data from a non-EU country, that can legally count as an international data transfer — with its own compliance obligations. That is exactly why employers usually keep workations under control: through approved countries, security standards, and written sign-off. This guide explains the legal background and what belongs in a solid approval.
Access from outside the EU/EEA = international data transfer
If you access personal data from outside the EU/EEA, the requirements of Chapter V of the GDPR (Art. 44 et seq.) additionally apply. The Federal Commissioner for Data Protection and Freedom of Information (BfDI) explicitly points out that transfers to a non-EU country must be checked for their legal basis: an adequacy decision, standard contractual clauses (SCC), or an exception under Art. 49. Simply accessing HR, customer, or support data from a non-EU country can already trigger these checks — and documentation and risk assessment must be traceable.
- Access from a non-EU country can trigger GDPR Chapter V (Art. 44 et seq.)
- Legal bases to check: adequacy decision, standard contractual clauses (SCC), exceptions under Art. 49
- Even HR, customer, or support data is affected
- Documentation and risk assessment must be traceable
A minimum security standard on the road
Regardless of the country, every workation needs a minimum technical standard. A company VPN, two-factor authentication, and an encrypted device are mandatory, and the screen locks whenever you step away. Public computers and unsecured Wi-Fi are off-limits. And there needs to be a clear escalation path for an emergency — loss, theft, or a government demand for data access at the border.
- Company VPN, 2FA, and an encrypted device are mandatory
- Lock the screen, no public computers, no unsecured Wi-Fi
- No printing sensitive data locally
- A reporting duty for loss, theft, or a government access demand
The employer approval: what belongs in it
A solid workation approval is written and specific. It names the approved and excluded countries, the permitted data categories, and the security obligations. It sets working-hours and availability rules, clarifies whether an A1 certificate, posting, or tax review is needed, and defines who bears which costs. It should also include a revocation or abort clause in case a legal or business risk comes up.
- Approved and excluded countries, plus permitted data categories
- Working-hours/availability rules (German or destination time zone)
- Clarification of A1/posting/tax review and insurance coverage
- A cost arrangement and a revocation/abort process for risk cases
Emergency preparedness before departure
A solid setup includes an emergency plan drawn up before departure. Read the Federal Foreign Office's travel and safety advisories for your destination. For longer or higher-risk stays, register with the crisis preparedness list ELEFAND. Store copies of your passport, insurance numbers, and emergency contacts separately and offline — and clarify with your team in advance who covers for you if something happens and how quickly you could travel back.
- Read the Federal Foreign Office's travel and safety advisories
- For longer stays, register with the ELEFAND crisis preparedness list
- Store passport copies, policies, and emergency contacts offline and separately
- Clarify with your team: backup coverage and a return plan for an emergency
Sources
Verified, mostly official sources. Reflects the state of research as of the writing date — please double-check with the source directly before making important decisions.
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