Introduction
Employees have the right to access their personnel files. This right is enshrined in the AVG. This blog explains how to obtain access, what you may request, and what restrictions apply.
Right to access your personnel file
Many employees wonder what exactly is in their personnel file. Good news: as an employee, you have the right to see your personnel file. Such a file usually contains all kinds of data, such as your employment contract, appraisals, diplomas and correspondence about your performance.
Under Article 15 of the General Data Protection Regulation (GDPR), you are not only allowed to see your file, but you can also request a copy of your file. An employer is obliged to cooperate and provide this information.
Not everything has to be shared
Note that not all information in the personnel file is covered by the right of inspection. Personal work notes and internal notes intended solely for consultation or deliberation within the company need not be provided. Also, emails from colleagues that include your name are often excluded from inspection to protect the privacy of others.
Thus, an employer must balance your right to access with protecting the privacy of others.
Right to correct data
In addition to inspection, as an employee you also have a right of correction. Under certain circumstances you can have information supplemented, amended or blocked. This applies, for example, if there are factual inaccuracies in your file.
However, if it is a negative evaluation that you do not agree with, you cannot simply have this evaluation removed or changed. However, you do have the right to add your own reaction or comment to the personnel file. In this way, your side of the story will also appear in the file.
Want to know how to request access or need help correcting your information? If so, it is wise to seek legal advice.
Conclusion
As an employee, you have the right to inspect and correct your personnel file. Not all internal documents are covered by the right of inspection, but factual inaccuracies can be corrected. A properly constructed inspection or correction request helps protect your position.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about personnel records. Please feel free to contact us .
April 2025
