Online Discussion: Anonymity of Employer Reviews on the Internet
Employers and Anonymous Criticism on Rating Platforms: Legal Boundaries
In the digital age, employees who feel aggrieved can anonymously critique their former employers on various internet rating platforms. However, handling such anonymous criticism can be challenging for employers, as discussed by Swen Walentowski, a lawyer and spokesperson for "anwaltauskunft.de".
Employers lack the authority to delete critical posts unless proof clearly demonstrates no contact whatsoever between the company and the reviewer. If an employee decides to leave feedback for their employer on a rating platform, they should not unduly fear disclosure of their identity. A company has no right to demand that a rating platform reveal the identity of an anonymous reviewer, provided the platform successfully demonstrates the absence of actual contact between the reviewer and the company.
This was confirmed in a ruling from the Higher Regional Court (OLG) in Dresden (Az.: 4 U 744/24), where the court dismissed a lawsuit against a rating platform for its refusal to disclose personal data. The platform initially asked the anonymous reviewer for evidence, and the reviewer subsequently provided documents such as an employment contract and training certificates.
Despite these efforts to confirm contact, the company pressed the platform to reveal the critic's identity. However, the platform refused, prompting the company to file a lawsuit requesting the deletion of the review. Therein lies an essential lesson: full disclosure of the reviewer's identity is generally not allowed.
Platforms need only verify whether there was actual contact and provide data protection-compliant information. The potential disclosure is subject to strict conditions and should only be ordered by a court.
In the United States, laws like the Stored Communications Act (SCA) safeguard electronic communications privacy, but exceptions may apply when evidence is provided voluntarily or under court order. The bottom line remains that employers lack the unilateral authority to demand that platforms unmask anonymous reviewers outside of legal processes.
It is crucial to note that any actions taken to identify or retaliate against employees who make anonymous complaints, particularly those concerning discrimination, harassment, or workplace safety, could result in significant legal liabilities for employers. Hence, employers must tread carefully to maintain a balanced and respectful work environment.
Sources: ntv.de, awi/dpa.
- In upholding community policy, it's essential for employers to respect the anonymity of their employees during vocational training and beyond, as demonstrated in the Dresden ruling, to prevent potential legal issues and promote a positive lifestyle for all.
- As technology advances and platforms for anonymous criticism become more prevalent, employers should be tech-savvy enough to understand and adhere to the legal boundaries regarding the disclosure of reviewers' identities, minimizing any potential backlash and maintaining a professional image with their target audience.
