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Why GDPR Compliance Matters in Europe When Choosing Workplace Occupancy Sensors

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Butlr Team

DAte

August 4, 2025

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As organizations across the European Union rethink their workplace strategies—whether to support hybrid work, reduce energy consumption, or optimize real estate—workplace occupancy sensors have emerged as a key tool. But with increasing reliance on data to inform decisions, companies must also consider a critical dimension: privacy.

When not implemented thoughtfully, smart building technologies can conflict with the EU’s General Data Protection Regulation (GDPR), leading to reputational damage and regulatory penalties. That’s why choosing the right privacy occupancy sensors is just as important as choosing the right office layout.

GDPR Enforcement: The Numbers Tell the Story

GDPR enforcement continues to intensify. By early 2025, total GDPR fines had reached approximately €5.88 billion across faulting companies—even larger than in prior years.

In 2024 alone, the UK’s ICO issued 62 enforcement actions—of which 32 were related to UK GDPR—covering both public and private sector entities.

Major headlines continue to spotlight non‑compliance: e.g. Meta was fined €1.2 billion in 2023 for unlawful data transfers, and Uber received a €290 million fine in 2024 for inadequate protection of drivers’ personal data during cross‑border transfers.

These figures underline the high stakes—fines can go up to 4% of global annual turnover or €20 million, whichever is greater.

Why Occupancy Data Can Pose GDPR Risks

GDPR defines personal data broadly. Even motion patterns or location data can count as personal if it enables identification. Systems using cameras, facial recognition, or Wi‑Fi tracking may unintentionally capture identifiable data, triggering requirements like DPIAs, explicit consent, and rigorous data-handling protocols.

But despite their usefulness, penetration of occupancy sensors remains low. A recent report found only 28% of organizations in a survey use sensor-based solutions—compared to 76% using badge systems and 68% relying on desk‑booking tools. This suggests many opt for simpler solutions to avoid the compliance burden.

Privacy-First Alternatives Are Gaining Momentum

To avoid these risks, more companies are turning to GDPR compliance sensors that do not rely on image capture or personally identifiable information. One promising approach is the use of thermal or passive infrared (PIR) sensing, which tracks occupancy and movement patterns without recording visual or biometric data.

For example, Butlr, a U.S.-based sensor company now active in European markets, uses thermal signals to anonymously count people and detect occupancy trends. The system never captures faces, body details, or identity-linked metadata—making it significantly easier to meet GDPR requirements while still achieving actionable insights.

This approach reflects a growing shift toward privacy occupancy sensors that are designed with compliance in mind. In fact, privacy-first hardware is becoming a competitive differentiator for real estate and workplace tech vendors targeting European clients.

Operational Benefits Without Compromising Privacy

Even privacy-first approaches support essential efficiencies:

  • Track meeting room and desk utilization

  • Inform hybrid‑work policies with actual presence data

  • Reduce HVAC and lighting costs via occupancy‑aware systems

  • Provide strategic insights without exposing identity‑linked data

Such technologies also help build trust—with employees increasingly vigilant about surveillance and data use.

What to Look for When Evaluating Office Occupancy Sensors

When selecting a solution, here are key criteria for privacy-conscious organizations:

  1. No cameras or image-based analytics

  2. Data cannot be used to identify individuals

  3. Vendor provides clear documentation on GDPR implications

  4. Easy to deploy across multiple sites without invasive infrastructure

  5. Integration with existing platforms or APIs for real-time insights

Several proptech providers now offer such solutions, combining flexibility with compliance. But organizations must do their due diligence—GDPR liability ultimately sits with the data controller, not the vendor.

The Bottom Line

In the EU, data privacy is not a checkbox—it’s a foundational requirement. As organizations continue to adopt workplace occupancy sensors to make smarter real estate and sustainability decisions, privacy must be at the center of technology evaluation.

By choosing privacy occupancy sensors that meet GDPR standards from the outset, businesses can avoid regulatory risk while creating a workplace that’s efficient, respectful, and future-ready.

Start with vendors that take GDPR seriously—your employees (and legal team) will thank you.

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