An employee information form is a standardised document that employers use during the onboarding process to collect relevant data from new employees – from contact details to tax and social security information. German law sets clear boundaries on what may be asked: the General Equal Treatment Act (AGG), the GDPR, and § 94 of the Works Constitution Act (BetrVG) all determine which questions are permissible and which are not. Employers who include unlawful questions risk legal consequences and damage to the candidate experience.
What Is an Employee Information Form?
An employee information form (also referred to as a new hire form or staff questionnaire) is a structured document that employers use at the start of an employment relationship to capture all the information required for HR administration. Its primary purpose is administrative: tax and social security data are collected, bank details for salary payments are recorded, and emergency contacts are documented.
The employee information form differs from an application form or interview questionnaire in terms of timing: it is used after the hiring decision has been made – once the employment relationship has already been confirmed. Its focus is therefore not on assessing suitability, but on collecting all legally required and operationally necessary data in a compliant and complete manner.
Legal Framework for Employee Information Forms in Germany
§ 94 BetrVG: Works Council Co-Determination Rights
In companies with a works council, employee information forms require the works council's consent under § 94 para. 1 of the Works Constitution Act (Betriebsverfassungsgesetz, BetrVG). This means employers may not unilaterally introduce or modify the form without observing the works council's right of co-determination. Where this consent is missing, the form is legally vulnerable.
For companies without a works council, this requirement does not apply. There is no general statutory obligation in Germany to use an employee information form at all.
AGG: Non-Discriminatory Questions
The General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) prohibits discrimination on the grounds of gender, age, ethnic origin, religion, disability or sexual identity – and this applies expressly to the hiring process as well. Questions in an employee information form that target any of these characteristics are impermissible, even when phrased indirectly.
Employers who nevertheless include such questions risk claims for damages under § 15 AGG, as well as significant reputational harm.
GDPR and § 26 BDSG: Data Protection in the Employment Context
The General Data Protection Regulation (GDPR) and § 26 of the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) govern which data may be collected and processed in an employment context. Two core principles apply:
- Data minimisation: Only data that is genuinely necessary for the employment relationship may be collected.
- Purpose limitation: Collected data may only be used for the stated purpose – not for other analyses or evaluations.
In addition, employers must transparently inform affected individuals about how their data is processed (Art. 13 GDPR) and must delete data once it is no longer needed.
Permitted and Prohibited Questions: An Overview
What May Be Asked?
The following information is generally permissible in an employee information form, as it is necessary for the employment relationship:
What Is Prohibited?
The following questions are impermissible because they violate the AGG, GDPR or BetrVG, or lack a legitimate basis in the employment relationship:
The Right to Lie in Response to Unlawful Questions
An important principle in German employment law: employees who provide false answers to unlawful questions on an information form are not acting unlawfully. This so-called "right to lie" (Recht zur Lüge) protects employees from being coerced by illegal questions. In such cases, any challenge to the employment contract on grounds of fraudulent misrepresentation is excluded.
The situation is different for lawful questions: providing a knowingly false answer to a permissible question may – depending on its seriousness and relevance – result in the employment contract being rescinded or even in summary dismissal.
How to Create a Legally Compliant Employee Information Form
Required Information and Recommended Content
A well-structured employee information form typically contains the following sections:
- Personal data – Full name, address, date of birth, contact details
- Tax and social security – Tax ID, tax bracket, religious affiliation (for church tax), social security number, health insurance
- Bank details – IBAN for salary payments
- Employment details – Start date, department, job title, type of employment
- Emergency contact – Name, relationship, telephone number
- Privacy notice – Required under Art. 13 GDPR; should be integrated directly into the form
It is advisable to have the form reviewed by a specialist in employment law or an experienced HR professional – particularly when it is being introduced for the first time or updated after a longer period.
Tips for GDPR-Compliant Design
To ensure the employee information form meets data protection requirements, the following points should be observed:
- Clearly mark mandatory fields – Label voluntary information as such
- Integrate a privacy notice – A brief statement covering the purpose, processing basis and rights of the individual
- Restrict access – Only authorised HR personnel should be able to view the data
- Define retention periods – Data should be deleted in a timely manner once the employment relationship has ended
Digital Employee Information Forms: Benefits and Requirements
Paper-based employee information forms are error-prone, time-consuming and difficult to archive. Digital solutions – such as HR software or web-based forms – offer clear advantages: automatic data transfer into the HR system, reduced error rates, and easier GDPR compliance through access controls and automated deletion schedules.
When using digital forms, technical security is essential: data transmissions must be encrypted (TLS/SSL) and access must be restricted to authorised individuals. The privacy notice must also be directly visible within the digital form itself.
An employee information form captures administrative data only – it says little about whether a person has the professional competencies or personal suitability for a given role. To assess soft skills, potential and cultural fit, modern organisations increasingly complement the information form with objective aptitude diagnostics. The digital platform Aivy, for example, enables scientifically validated assessments that reduce bias in candidate pre-selection and provide a more nuanced picture of applicants – independent of CV or social background.
Frequently Asked Questions About Employee Information Forms
What is an employee information form?
An employee information form is a standardised document that employers use after the hiring decision has been made to collect all data required for the employment relationship. This includes personal details, tax and social security information, and bank details. It serves HR administration purposes, not candidate assessment.
Is an employee information form legally required in Germany?
No, there is no statutory obligation to use an employee information form in Germany. However, in companies with a works council, § 94 para. 1 BetrVG requires that the works council consent to its use. In practice, almost all companies use an employee information form, as it significantly simplifies the administrative onboarding of new employees.
Which questions are permissible on an employee information form?
All questions necessary for establishing, carrying out or terminating the employment relationship are permissible: personal contact details, tax identification number, tax bracket, social security number, health insurance and bank details. Job-relevant professional qualifications may also be requested.
Which questions are prohibited on an employee information form?
Questions that violate the AGG or lack a legitimate legal basis are prohibited: questions about pregnancy, religious affiliation (except for church tax), political views, trade union membership, sexual identity, as well as criminal records or financial circumstances without a specific connection to the role.
What role does the GDPR play for employee information forms?
The GDPR obliges employers to apply data minimisation (collect only necessary data) and purpose limitation (use data only for the stated purpose). Additionally, individuals must be transparently informed about data processing under Art. 13 GDPR. Data that is no longer needed must be deleted – § 26 BDSG also specifically governs the processing of employee data.
Does the works council need to approve the employee information form?
Yes. Under § 94 para. 1 BetrVG, the works council must approve employee information forms. This applies both to the introduction of new forms and to material changes to existing ones. Without this approval, the form is legally vulnerable. In companies without a works council, this requirement does not apply.
What happens if I provide false information on an employee information form?
It depends on the nature of the question. For unlawful questions – such as those about pregnancy or trade union membership – there is a recognised right to provide false information: incorrect answers have no legal consequences, as the question itself is unlawful. For permissible questions, however, a knowingly false answer may – depending on its severity – result in the employment contract being rescinded or in summary dismissal.
How do I make a digital employee information form GDPR-compliant?
Key requirements for a GDPR-compliant digital employee information form include: encrypted data transmission (TLS/SSL), restricted access limited to authorised HR personnel, a directly integrated privacy notice in accordance with Art. 13 GDPR, and automated retention and deletion schedules in the system. Sharing collected data with third parties is not permitted without a separate legal basis.
Conclusion
An employee information form is an indispensable tool for the administrative onboarding of new employees – but it must be designed with care. The boundaries set by the AGG, GDPR and BetrVG are clear: only data that is genuinely necessary for the employment relationship may be collected. Unlawful questions not only create legal risk, but also undermine trust and damage the candidate experience.
In companies with a works council, obtaining its approval is mandatory. Digital employee information forms streamline administration, but must be implemented in a data protection-compliant manner.
Organisations looking to make their entire recruiting process more modern and fair will find objective aptitude diagnostics a valuable complement to the employee information form. Learn more about the Aivy platform and its scientifically validated assessments.
Sources
- § 94 Works Constitution Act (BetrVG) – Employee questionnaires, assessment principles. Federal Ministry of Justice.https://www.gesetze-im-internet.de/betrvg/__94.html
- General Equal Treatment Act (AGG). Federal Ministry of Justice, 2006.https://www.gesetze-im-internet.de/agg/
- § 26 Federal Data Protection Act (BDSG) – Data processing for employment purposes. Federal Commissioner for Data Protection and Freedom of Information, 2018.https://www.gesetze-im-internet.de/bdsg_2018/__26.html
- EU General Data Protection Regulation (GDPR), Art. 5, 13, 88. European Union, 2016.https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679
- Guidelines on Personnel Selection – Professional Use of Aptitude Diagnostics. Deutsche Gesellschaft für Personalführung (DGFP), 2022.https://www.dgfp.de
- Case law on impermissible questions in the hiring process. Federal Labour Court (Bundesarbeitsgericht).https://www.bundesarbeitsgericht.de
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