Employer Internet Reviews: Confidentiality of Evaluations
Employer Cannot Demand Anonymous Critic's Identity on Review Platforms, Courts Rule
Dresden/Berlin - Companies have limited authority to remove anonymous criticism on employer review platforms, according to legal expert Swen Walentowski of "anwaltauskunft.de." Companies can only request the removal of a critical post if they can provide evidence of contact with the reviewer.
Individuals who critique their employer on a review platform do not have to fear that their identity will be discovered by the company. A company does not have the right to demand the identity of an anonymous reviewer from the platform unless the platform can prove that the reviewer had actual contact with the company. This conclusion emerged from a recent ruling by the Higher Regional Court (OLG) in Dresden (AZ: 4 U 744/24).
"Worst Employer of All Time" Review Case
The case involved a review on an employer review platform labeled "Worst Employer of All Time." The employer demanded the removal of the review, asserting they had no knowledge of contact with the reviewer. The platform requested the anonymous reviewer to provide evidence. The reviewer then sent anonymized documents, such as an employment contract and training certificates, which the platform forwarded to the complainant.
The company found this evidence insufficient and insisted on revealing the critic's identity to verify the alleged contact. The platform refused to disclose personal data, leading the company to file a lawsuit demanding that the review be removed.
Court Dismisses Lawsuit
The Higher Regional Court in Dresden dismissed the lawsuit. The court saw no grounds for an injunction. The platform operator was not liable, the court found, as they had fulfilled their duty to investigate the challenged review. The court highlighted that full disclosure of the reviewer's identity was generally unlawful.
Platforms must only verify if there was actual contact and provide the company with data protection-compliant information. The disclosure is only permitted under strict conditions and requires a court order.
It's essential to note that legal frameworks for employers and reviewers on such platforms vary by jurisdiction, with many balancing the rights of companies against defamation with the rights of individuals to free speech. In cases of anonymous criticism, the situation can be complex, and the specifics can depend on court rulings and local laws. For more information about the specific legal ruling in this Dresden case, consult legal databases or news sources covering German legal developments.
In the process of the Dresden court case, it was established that platforms are not obligated to disclose the identity of an anonymous reviewer without proof of actual contact between the reviewer and the company. The use of technology, such as the forwarding of anonymized documents, is considered by the court as acceptable means for platforms to fulfill their duty in investigating challenged reviews while maintaining privacy and data protection.
