The employer is often confronted with the question of what his competences are in handling private data carriers (e‑mails, home drives, USB sticks, CD-ROMs, paper documents, etc.) as possible evidence in the event that an employee is suspected of having violated the Criminal Code. A frequently cited example is that of the employee suspected of having disclosed manufacturing secrets to third parties via e‑mail. In such cases, the employer must not only ask himself how he should physically secure the private evidence, but also whether and under what conditions he may access its content at all in order to substantiate his suspicions. Because of his duty to protect and respect the employee’s personality, the employer is generally not entitled to access the contents of private data carriers. Evidence collected in violation of personality may be considered inadmissible in court. The employer, on the other hand, has access to business correspondence at any time.