Desk sharing works agreement: co-determination, data protection, and legally compliant implementation

Employers are generally allowed to introduce desk sharing without third-party agreement, but in most cases, the details of the implementation are subject to co-determination. As soon as rules on workplace usage, digital booking tools, health and safety, or changes to the working environment are involved, the works council must be included. In practice, a works agreement is therefore the most reliable way to introduce desk sharing transparently, lawfully, and in an employee-friendly manner.

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Key takeaways:

• In Germany, a desk sharing works agreement is required whenever the arrangement touches areas that are subject to co-determination under the German Works Constitution Act.
• The works council has co-determination rights in particular regarding behavioural rules, health and safety measures, and technical systems that may be used for monitoring.
• This includes booking rules, clean-desk requirements, break and meeting room concepts, storage arrangements, and the use of digital booking systems that process personal data.
• Desk booking tools may only collect data that is strictly necessary for organizing desk allocation and office occupancy. Analyzing data in a way that allows conclusions about individual employees’ performance or behavior is not permitted under German law.

What is desk sharing?

Desk sharing is a modern workspace concept in which employees do not have fixed desks assigned to them. Instead, they use available flexible workstations. The goal is to optimize office space and reduce rental and real-estate costs. Desk sharing also supports New Work principles such as autonomy, flexibility, and hybrid work models.

Even though the decision to introduce desk sharing falls under the employer’s managerial prerogative, the works council must usually be involved. Desk sharing constitutes a significant organizational change, often requires desk booking software that processes personal data, and affects health and safety standards. All of this triggers key co-determination rights.

Legal framework: Is desk sharing subject to co-determination?

Similar to a clean desk policy, desk sharing is not subject to co-determination as a whole, but the specific elements that touch the works council’s rights are. Relevant provisions include §87 of the German Works Constitution Act and parts of §90, §91, and §111. These cover:

• Changes to work organization: Desk sharing may change workflows, space management and planning, and team structures, triggering information and consultation obligations.
• Changes to the working environment: Introducing desk sharing often entails redesigning office space, which requires works council involvement.
• Workplace rules and behavioral guidelines: Regulations on how workstations are allocated, which systems are used, and behavioural expectations in desk sharing areas fall under co-determination.
• Health and safety: Desk sharing can affect ergonomics, noise levels, and hygiene, requiring works council approval for preventive measures.
• Technical monitoring: If booking or check-in tools could potentially draw conclusions about employee behavior or performance, co-determination applies.

Court rulings on desk sharing and co-determination

Court decisions so far show that there is no definite rule on desk sharing and co-determination. In fact, it’s the specific work setup that matters, from handling personal belongings to technical systems and office redesign. A case-by-case assessment is essential.

• LAG Baden-Württemberg (2024): Co-determination is not mandatory for desk sharing as a concept, but detailed rules related to the concept are. The court held co-determination to apply to rules on personal items and dual-use areas (i.e., work and communal spaces).
• LAG Düsseldorf (2018): The court ruled that introducing desk sharing is a managerial decision and does not require co-determination because it concerns non-co-determination-relevant work behavior. The works council could not obtain an injunction. Co-determination only applies to the concrete design of the desk sharing setup.

Role and rights of the works council in desk sharing

Employees are entitled to a safe, ergonomic, privacy-compliant workplace and clear, fair rules for shared work environments. Since desk sharing affects all of these areas, it’s the works council’s role to make sure that these rights are protected.

What rights does the works council have?

Desk sharing touches several types of rights, which differ depending on whether the employer must inform, consult, or obtain approval from the works council.

• Right to information: Employers must inform the works council early about planned desk sharing concepts, workplace models, and technical booking systems.
• Consultation rights: Before implementation, the employer must consult the works council on ergonomics, workflows, and potential strain factors.
• Co-determination rights: When it comes to rules for use, booking or check-in tools, ergonomics, noise, hygiene, workload, or significant organizational changes, the works council has an actual veto right.

In a nutshell: If desk sharing affects behavioral rules, booking systems, health and safety, or noticeably changes work organization, the works council’s approval is required.

Successfully managing co-determination when introducing desk sharing

Desk sharing can only be introduced smoothly if employers and the works council work effectively together. Early involvement, transparency, and a shared focus on employee needs are key.

• Involve the works council early: Bring them into the project right from the start, not shortly before launch.
• Communicate transparently: Share all relevant information on concept, space planning, technology, and timelines, and share regular updates.
• Create joint working groups: Mixed teams, including employer representatives, the works council, occupational health & safety and data protection professionals, and selected employees, can plan and evaluate pilots together.
• Focus on employees: Surveys help capture employee needs and refine the concept. Results should be reviewed jointly.
• Document thoroughly: Clear documentation and assigned responsibilities ensure reliability.
• Use pilot phases and feedback loops: Test desk sharing in a small setting first, gather feedback, and adjust accordingly.
• Develop a works agreement: A co-developed agreement creates clear, jointly approved rules and avoids legal pitfalls.

What to include in a desk sharing works agreement?

Since the works council has co-determination rights in several key areas, a works agreement is the safest approach to introducing desk sharing. Without such an agreement, companies risk privacy violations, excessive data collection, or unclear responsibilities. Here is a list of the key components to include in your desk sharing works agreement.

1. Scope of application

Define which departments, teams, or employee groups fall under desk sharing and where exceptions apply.

2. Objectives and purpose

Explain why desk sharing is being introduced (e.g., flexibility, modern work models, space efficiency).

3. Definition of desk sharing

Clarify what desk sharing means in your organization and how it differs from fixed desks, home office, and remote work.

4. General principles

Include principles like transparency, fair use, guaranteed workstation availability, and non-discrimination.

5. Workplace design and equipment

Specify ergonomic practices in the workplace, technical equipment, and how special requirements are considered.

6. Space layout and zones

Define focus, collaboration, and quiet areas and how they should be used.

7. Use of work spaces

Covers booking rules, allocation criteria, cancellations, clean desk policy, and hygiene and behavioral expectations.

8. Health & safety and risk assessments

Define ergonomic practices, ways to reduce strain on employees, and how risk assessments are updated.

9. Conflict and issue resolution

Explain how issues such as space shortages, technical problems, or organizational bottlenecks are handled to ensure employees always have a suitable workspace available.

10. Data protection and booking systems

Clearly specify which data may be collected by digital booking, access, or attendance systems. Only data necessary for workplace allocation should be processed.

When selecting a desk sharing solution, make sure the tool is GDPR-compliant with transparent rules for data purpose and retention periods. As a modern desk booking system, deskbird meets high security and dat protection standards and processes personal data only for organizational planning—not for performance tracking or monitoring.

11. Link to home office and attendance rules

Explain how desk sharing integrates with remote or hybrid work policies and whether attendance quotas apply or what the agreed level of flexibility is.

12. Implementation, pilot phase, and evaluation

Outline rollout, test phases, feedback processes, and joint evaluation with the works council to ensure continuous improvement.

13. Amendments, revocation, and termination

Define how the agreement can be modified or terminated, including deadlines and transition rules.

Desk sharing rules for employees with particular needs

Not all employees benefit equally from general desk sharing rules. Employees with disabilities, pregnant employees, or those with health limitations may require fixed workstations, priority access, or specialized ergonomic equipment.

To make sure that these needs are met, the agreement should define confidential procedures for submitting requests and obtaining approvals and involve occupational health specialists where necessary. Desk sharing should remain flexible without neglecting those who need additional support.

Conclusion: A clear works agreement and a GDPR-compliant booking tool make desk sharing legally secure

Desk sharing can change workflows, space planning, and health & safety requirements, and often requires additional booking tools—all of which activate various co-determination rights under German law. While the decision to introduce desk sharing itself does not require co-determination, the details of the desk sharing concept and design typically do.

A works agreement provides clarity and transparency. It defines how workstations are booked, used, and equipped, how privacy and safety are protected, and how employees with special requirements are supported.

For companies aiming to introduce desk sharing in a legally compliant way, deskbird provides a GDPR-compliant solution with strong privacy features. Bookings can be made fully anonymously, and analytics are aggregated to avoid any conclusions about individual employees. Book a free demo to see how deskbird can support you in implementing desk sharing securely and smoothly.

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Disclaimer: This content is for informational purposes only and does not constitute legal advice. It is based on research into German laws and regulations and may not apply to other legal systems.

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Sources:

• Mitbestimmung des Betriebsrats beim Desk-Sharing | Personal | Haufe
• (Keine) Mitbestimmung des Betriebsrats beim „desk sharing“ - CBH Rechtsanwälte
• Arbeitsschutz bei Desksharing und im Großraumbüro - AfA Rechtsanwälte
• ifb | Desk-Sharing im Aufwind: Mitbestimmung des Betriebsrats | Betriebsrat

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