Technical and legal framework
This service sits within a framework of statutory duties, technical rulebooks and operational practice. The distinction matters because it determines who is responsible for what.
- Who is responsible
- The cleaning obligation falls on the operator: as owner under the duty of care towards persons on the premises, as employer under occupational health and safety law. For an office, the Ordinance on Workplaces is the central legal basis, not the cleaning standard. The cleaning contract organises this obligation, it does not transfer it.
- Cleaning is not document destruction
- The contract covers emptying bins, not selecting their contents. Cleaning staff must not decide which papers are thrown away; data-protection-compliant destruction is a separate process under a separate contract. Whether the staff deployed come into contact with personal data as a matter of course, and whether that results in a different allocation of roles under data protection law, must be clarified with the client's data protection officer.
- Professional secrecy and persons assisting
- The German Criminal Code protects professional secrets and expressly extends this duty to professional assistants and other persons assisting in the practice. Anyone who lets cleaning staff into rooms in which client or patient data are accessible must ensure the confidentiality of these persons by organisational means. This duty falls on the professional secret-holder who commissions the work; a documented undertaking from the staff deployed is the obvious way to implement it.
- IT equipment
- Whether monitors, keyboards and telephones may be touched by third parties at all is decided by the client's organisation – many IT policies prohibit it. Technically, irrespective of that: no liquid on electronics, no spray directed at the device. If equipment cleaning is wanted, it belongs in the schedule of services as an item in its own right; then, in the event of damage, it is clear what was agreed.
- Kitchenette or canteen
- An office kitchenette with coffee machine and refrigerator is regularly not a food business. For a staff canteen with food service, by contrast, food hygiene law applies, with a hygiene concept based on HACCP principles. The boundary therefore runs within the building, not between buildings: a schedule of services that says only “kitchen” creates exactly this dispute.
- DIN 77400
- A standard, not a rule of law. Its purpose is to make cleaning services describable and verifiable – the same function that the schedule of services fulfils. It becomes binding through contract, legal reference or presumption effect, not through itself. Professional review of the standard in its full text is required.
The rulebooks named here describe requirements for how the work is carried out – they are not a certification held by BREREI. VDI and DIN normative texts are chargeable and were not available in full; where a statement touches the normative detail, this is noted in place.