These past years, the courts have defined the conditions of access by employers to the documents and correspondence of their employees. These conditions are globally very protective of employees, in view of the privacy rights of employees, which apply even when the employee is at his or her workplace and during working hours. However, just recently, the French Supreme Court (Cour de cassation) has entered several pragmatic decisions of interest to employers. Those rulings effectively held that an employer has free access, even in the absence of the employee concerned, to: - a folder, even if its name corresponds to the surname or name of the employee, or to his or her initials (Cass. Soc., 21 October 2009, 07-43.877; Cass. Soc. 8 December 2009, 08-44.840); - a file named “My documents” (Cass. Soc. 10 May 2012, 11-13.884); - a hard drive, even if it has been renamed “Personal Data”. This name does not confer a personal nature to the entire data contained in the drive. In the case before the court, the drive had contained more than 1,500 files with pornographic content (Cass. Soc. 4 July 2012, 11-12.502); - documents stored in the drawer of the employee’s desk (Cass. Soc. 4 July 2012, 11-12.330); - the correspondence (paper) received by an employee and addressed to the employee (Cass. Soc. 11 July 2012, 11-22.972). Accordingly, in theory, data received or stored by an employee at his or her workplace is presumed to be professional in nature. The “containers” (i.e., hard drive, drawer, etc.) are not protected. Only files, documents and correspondence are eligible for protection, on condition they are expressly marked as “personal” or “confidential”. Employees now know what they need to do to escape the inquisitiveness, whether legitimate or not, of their employer…