Derogations from the employer’s obligation to provide information

The employer has no obligation to provide employees or employee representatives with information, the dissemination of which would, when assessed objectively, cause significant damage or harm to the company or its operations.

This is an exceptional provision that must be interpreted narrowly.

The scope of the derogation encompasses mainly situations in which the disclosure of information in a listed company, for example, would jeopardise statutory confidentiality.

On the whole, the derogation does not apply to employee representation in company administration.