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06. Social Media and Data Privacy in Argentina

Restrictions in the Workplace

Employers can restrict employees’ Internet use and/or social media use during working hours, instructing that it can only be used for labour purposes.

Can the employer monitor, access, review the employee’s electronic communications?

Employers can monitor, access and review only labour/corporate employees’ electronic communications, provided that the employee is notified in advance (by signing a corporate policy in that respect) that the electronic communications are to be used only for working purposes and can be monitored and therefore, the employee should have no expectation of privacy.

Employee’s Use of Social Media to Disparage the Employer or Divulge Confidential Information

Provided that the employees have signed a copy of the company´s policy for the use of social media and provided that employer can prove the employee´s breach and the damage to the employer, employees who do not follow the social media policy can be subject to disciplinary sanctions. Employees who divulge confidential information can also be subject to disciplinary sanctions or dismissed with justified cause, depending on the seriousness of the fault, their seniority and any prior sanctions of the employee.

Any questions

Ask our member firm Allende & Brea in Argentina