Comment In Germany .. (Score 1) 103
In Germany (part of the EU) the ruling is like this:
An employer has to tell the employee (ideally based in the contract) if company e-mail and equipment is for business use only. This has to be true for all employees.
If an employer does not provide that Information ruling states that the employer has to accept that e-mail and equipment is used for personal matters. The only question here is how much - as in if the employee manages to fullfill his 8 hours of work per day and lets say adds 1 hour personal use.
The tricky part is this:
If the employer allows private usage of e-mail/equipment he becomes a de-facto service provider and has to yield to the law of privacy of correspondence - which means he is not allowed the secretly access equipment or read the e-mail, even if business related
If the employer rules that e-mail and equipment is for business only (s)he can legally read e-mails and access equipment without the employees knowledge.
An additional tricky part is if an employer decides later to cut down on it the employees could claim a right of custom and practice which means it could take months or years before all machines, e-mails and such are clean of private usage. only then the employer would be able to legally access the e-mail or equipment.
Last, but not least, the European Court in question was the Euorpean Court of Human Rights, not the court dealing with the European Union. The participating countries have promised to yield to the rulings in their own private matters, but the ruling limited application as the Court is not part of any justice or executive system in any country of the european union (and more). So it is a court without teeth.