Faroe Islands

Legal Considerations

In the Faroe Islands, there is no specific legislation directly addressing remote work. However, several existing Danish laws and Faroese regulations are relevant:

• The Danish Working Environment Act (WEA) of 1975 (with Faroese amendments): This act outlines fundamental employee rights and employer obligations regarding health, safety, and ergonomics in the workplace. These principles can be extended to a remote work setting, encouraging employers to provide guidance on ergonomic workstations and address potential risks associated with remote work.
• The Faroese Act on Electronic Signatures (FAES) of 2007: This act establishes a legal framework for electronic signatures, facilitating secure remote transactions and document signing, which can be crucial in remote work scenarios.

These legal frameworks provide a foundation for navigating remote work arrangements in the Faroe Islands.

Technological Infrastructure Requirements

The success of remote work in the Faroe Islands heavily relies on robust technological infrastructure. Here are key considerations:

• High-Speed Internet Connectivity: Reliable and high-speed internet access is essential for effective remote work. The Faroese telecom sector has made significant improvements in broadband coverage in recent years. However, employers should be aware of potential variations in connectivity speeds across different islands.
• Cloud-Based Tools: Cloud-based collaboration tools, video conferencing platforms, and instant messaging services facilitate communication and collaboration between remote employees and the central office.

The Faroese Government recognizes the importance of digitalization and is continuously investing in upgrading telecommunications infrastructure. Initiatives like the FAR submarine cable project aim to further enhance connectivity across the islands, facilitating wider adoption of remote work practices.

Employer Responsibilities

Employers have a responsibility to ensure a productive and safe work environment for remote employees. Key considerations include:

• Written Agreements: Establish clear agreements outlining expectations, working hours, communication protocols, and data security procedures. These agreements should adhere to the WEA and FAES 2007.
• Performance Management: Develop effective performance management systems suitable for a remote work setting. Regular communication and feedback are crucial for ensuring employee engagement and productivity.
• Equipment and Resources: While the WEA doesn't explicitly address equipment provision, employers might consider providing necessary equipment like laptops or subsidizing internet access costs to facilitate remote work.
• Health and Safety: While the WEA focuses on physical workspaces, employers can encourage ergonomic workstation setups and provide guidance on preventing work-related injuries at home offices.
• Training and Support: Offer training on remote work tools, communication skills, and cybersecurity best practices. Provide ongoing support to remote employees to ensure they feel connected and engaged.

Part-time work is a flexible work arrangement that allows employees to work a reduced schedule compared to a full-time position. There's no legal minimum or maximum for part-time hours, but they must be clearly defined in the employment contract. Part-time employees are entitled to prorated benefits and protections as full-time employees.

Flexitime

Flexitime offers employees some variation in their working hours within a set framework. For instance, employees might have core hours they must work (e.g., mornings) and flexibility around the remaining hours. Employers can establish such arrangements through agreements with employees.

Job Sharing

Job sharing is another flexible work arrangement that allows two or more people to share the responsibilities of a single full-time position. This can be beneficial for those seeking reduced hours or wanting to specialize in specific tasks. It can be implemented through agreements outlining responsibilities and work schedules.

In the Faroe Islands, employers must adhere to the General Data Protection Regulation (GDPR), which is applicable throughout the European Economic Area (EEA). The GDPR outlines several key obligations for employers regarding employee data:

• Lawful Basis for Processing: Employers must have a legitimate reason for collecting and processing employee data, such as fulfilling employment contracts, legal requirements, or obtaining employee consent.
• Transparency and Information: Employees have the right to be informed about what data is collected, why it is collected, and how it will be used. Employers must provide a clear and concise privacy policy outlining these details.
• Data Minimization: Employers should only collect the data necessary for the specific purpose it is intended for. Avoid collecting excessive or irrelevant employee data.
• Security Measures: Employers must implement appropriate technical and organizational safeguards to protect employee data from unauthorized access, disclosure, alteration, or destruction.
• Data Breach Notification: In case of a data breach, employers must notify the relevant authorities and affected individuals within a specific timeframe.

Employee Rights

Under the GDPR, remote employees in the Faroe Islands have several data protection rights:

• Right of Access: Employees have the right to access their personal data held by the employer and request a copy in a clear and understandable format.
• Right to Rectification: Employees have the right to request the correction of any inaccurate or incomplete personal data.
• Right to Erasure (Right to be Forgotten): In certain circumstances, employees can request their data be erased, such as when it is no longer necessary for the purpose it was collected.
• Right to Restriction of Processing: Employees can request to restrict the processing of their data, meaning it can only be stored but not actively used.
• Right to Data Portability: Employees have the right to receive their data in a structured, commonly used, and machine-readable format and to transmit it to another employer if desired.

Best Practices for Securing Data

Employers and employees can work together to ensure the security of personal and company data in a remote work environment. Here are some best practices to consider:

• Secure Equipment and Software: Employers should provide remote employees with secure devices and software with strong encryption protocols to protect sensitive information.
• Access Controls: Implement access controls to restrict access to company data only to authorized personnel.
• Employee Training: Educate employees on data security best practices, including password hygiene, phishing awareness, and proper data handling procedures.
• Remote Access Protocols: Establish clear policies and protocols for remote access to company systems, including multi-factor authentication and virtual private network (VPN) usage.
• Data Backup and Recovery: Maintain regular backups of data and have a robust disaster recovery plan in place.