Assume yes and plan for it. Section 87 (1) no. 6 of the Works Constitution Act gives the works council co-determination over the introduction and use of technical systems that are designed to monitor the behaviour or performance of employees. Call recording and scoring falls squarely in that category, so the safe assumption is that a Betriebsvereinbarung is required.
Treating co-determination as a feature of the rollout, not an obstacle to route around, is what keeps the project out of a dispute later. Numi is designed so that the answers the council needs are already documented.
Prepare for these, because they come up almost every time:
- Where is the data processed? EU infrastructure, hosted in Frankfurt, with self-hosted transcription.
- Who can see an individual's scores? Define it in the works agreement. Numi supports per-rep visibility so a rep sees their own coaching.
- Is this covert monitoring? No. Employees know calls are captured and can read the coaching on their own calls.
- Can it be used to rank or discipline people? Scope that out in the Betriebsvereinbarung. The tool is positioned as coaching, not a leaderboard.
- How long is data kept? Retention is configurable, so you can commit to a defined period in writing.
Consent and recording rules
Lead with the frame, then bring the documents. Present Numi as a coaching instrument that helps reps improve, not a system for surveilling them. Then hand the council the concrete material: EU residency, the Article 28 DPA (AVV), the subprocessor list, and a proposed works agreement that scopes out individual ranking and fixes a retention period.
An IT lead who arrives with the residency facts and a draft Betriebsvereinbarung turns a feared meeting into a working session. The mesh below gives you the German-language sources to lift talking points from directly.
Bring these to the table