Tracking employee vehicles legally in Tunisia

Yes, a company can track its vehicles in Tunisia, including those driven by employees. But the location of a vehicle linked to a named driver is personal data, protected by Organic Law No. 2004-63 on the protection of personal data. In practice, that means telling employees in writing before tracking starts, using the data only for a clear business purpose, limiting who can see it and not keeping it forever. The national authority for personal data protection, the INPDP, oversees how the law is applied.

This guide sets out the principles we explain to our fleet customers. It is general information, not legal advice.

Not legal advice. This guide is written by a GPS installation team, not lawyers. Rules and procedures can change, and every company’s situation is different. Before tracking employees, check your obligations with a Tunisian lawyer or directly with the INPDP.

Why does the law apply to vehicle tracking?

A GPS tracker records where a vehicle is, when and how fast it goes. On its own, that is data about a vehicle. As soon as you know who was driving, it becomes data about a person: where they went, when they stopped, how they drive.

Organic Law 2004-63 protects this kind of information. It applies to companies in Tunisia, including foreign-owned companies and their Tunisian subsidiaries. If your head office is used to European rules, many principles will feel familiar, but Tunisian law is what applies to your Tunisian operations.

Who is the INPDP?

The INPDP (Instance Nationale de Protection des Données Personnelles) is the national authority for personal data protection in Tunisia. It oversees the processing of personal data and handles the formalities set by the law.

Depending on what you do with the data, you may need to notify or ask the INPDP before you start. We don’t give advice on which formality applies to you. Check with the INPDP or a lawyer before you roll out tracking.

Do you have to tell employees before tracking?

Yes. This is the point we insist on most. Employees should be told, in writing and before the tracker is switched on, that the vehicle they drive is tracked.

A short information note, signed by each driver, does the job. It protects the employee, who knows what is recorded, and it protects you, because you can show they were told. Secret tracking is the fastest way into a dispute.

For rental agencies, the same logic applies to customers: mention GPS tracking in the rental contract and put a sticker in the car.

What can you use the data for?

The law is built on a simple idea: you collect data for a stated purpose, and you use it for that purpose only. Typical legitimate purposes for a fleet are:

• planning rounds and dispatching the nearest vehicle
• protecting vehicles against theft
• checking mileage, fuel use and maintenance needs
• improving driver safety, for example with speeding alerts

Write down your purposes before you start. If you later want to use the data for something else, you should inform employees again.

How much tracking is too much?

The principle is proportionality: collect what you need for your purpose, and no more. A few practical points:

• Working hours. If an employee may use the vehicle privately in the evening or at weekends, think about a private mode or switching off tracking outside working hours.
• The right level of detail. For a monthly mileage check, you may not need live location every few seconds.
• No covert monitoring. Hidden tracking of a specific person, without telling them, is hard to justify.

Who should be able to see the data?

As few people as possible. Give access only to those who need it for the stated purpose, such as the fleet manager or dispatcher, and not to everyone in the office.

Our tracking platform lets you create a separate login for each user and choose which vehicles each one can see. Use that. Remove access when someone changes role or leaves.

How long should you keep location history?

Not longer than you need. Decide a retention period that matches your purpose, write it in your information note and stick to it. A trip history of a few months is usually enough to settle a mileage question or analyse a route.

Our plans keep trip history for a set number of months, which helps you stay within a clear limit. See pricing for the history included in each plan.

What should your information note contain?

Here is a checklist we give our fleet management customers. Adapt it with your lawyer.

• Company name and contact person for questions about the data
• Which vehicles are equipped with a GPS tracker
• What is recorded: location, speed, trips, stops, engine hours, fuel level
• Why it is recorded: the business purposes, listed clearly
• When tracking is active, and whether there is a private mode
• Who can see the data, by role
• How long the data is kept
• The employee’s rights to access and correct their data, and how to use them
• A reference to Organic Law No. 2004-63
• Date, and the employee’s signature confirming they were informed

We provide a template note when we fit your fleet. You can ask for a quote or read more in our FAQ.

In short

• Tracking company vehicles is allowed in Tunisia, but driver location data is personal data under Organic Law No. 2004-63.
• Inform employees in writing before tracking starts, and keep their signed acknowledgement.
• Use the data only for clear, written business purposes, and collect no more than you need.
• Limit access to the people who need it and set a retention period.
• Check formalities with the INPDP or a lawyer. This guide is not legal advice.