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The Federal Labour Court agreed with this argument, stating in the ruling that the keylogger software was an unlawful way to control employees. The judges added that using such software could be legitimate if there was a concrete suspicion beforehand of a criminal offence or serious breach of work duties.German Court Rules Companies Can't Use Keyloggers as Evidence for Employee Dismissal [thelocal.de]
Therefore the court determined that because the evidence used to fire the employee had been obtained illicitly the programmer’s termination should now be void.