Internet Feedback Analysis: Anonymity of Employer Reviews Discussed
Companies may find it challenging to remove anonymous criticism on employer review platforms, a lawyer from anwaltauskunft.de explains. Employers can only delete a critical review if they can prove no contact whatsoever with the reviewer.
Individuals leaving feedback for their employer on a review platform need not worry about being easily identified by their employer. Companies do not have the right to demand the identity of an anonymous reviewer from the platform. However, the platform may request evidence if the review is disputed, and such evidence can be forwarded to the company while keeping the reviewer's identity anonymous.
The case in question revolved around a user's review on an employer review portal, labeled "Worst Employer of All Time." The employer demanded the removal of the review and claimed no knowledge of any contact with the reviewer. The platform asked the anonymous reviewer to provide evidence, resulting in the submission of anonymized documents, such as an employment contract and training certificates.
The company found this evidence insufficient and demanded the disclosure of the reviewer's identity to verify the alleged contact. However, the platform refused to disclose personal data, and the company was left with filing a lawsuit.
In its ruling, the Higher Regional Court in Dresden dismissed the lawsuit. The court stated that the full disclosure of the reviewer's identity is generally unlawful. The platforms only need to check if there was actual contact and provide the reviewed company with data protection compliant information. The disclosure is only possible under strict conditions and must be ordered by a court.
In the broader context, the legal requirements for an employer to demand the disclosure of an anonymous reviewer’s identity center around balancing the right to anonymity with legitimate interests such as protecting reputation or preventing defamation. Employers must prove a concrete and justified reason for demanding disclosure, demonstrate a legitimate interest that outweighs the reviewer's right to anonymity, and ensure that their request complies with data protection laws.
Without meeting these conditions, the anonymity of the reviewer is generally protected. This principle has been affirmed by German courts, including the Higher Regional Court in Dresden, in cases involving online reviews and personal data.
- Despite the employer's claim of having no contact with the reviewer, the case highlights the importance of respecting the anonymity of individuals leaving feedback on employer review platforms, as evidenced by the Higher Regional Court in Dresden's ruling.
- In light of the legal requirements for an employer to demand the disclosure of an anonymous reviewer's identity, technology can play a crucial role in maintaining the reviewer's anonymity while providing evidence, as demonstrated by the submission of anonymized documents in the case discussed above.
