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06. Social Media and Data Privacy in Brazil

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Brazil

06. Social Media and Data Privacy in Brazil

Restrictions in the Workplace

Brazilian Labour Courts recognise that the employer can restrict the personal use of the Internet and social media by the employees during the working hours, due to the employer’s power of command.

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

There is no specific provision in Brazil regarding this matter. However, it is advisable to include such a provision in an internal policy of the employer. If the employer restricts the use of the Internet and social media to professional use only, the employer is allowed to inspect such use, and if the employee is using the Internet/social media improperly, it could lead to disciplinary measures (in accordance with rulings by Brazilian Labour Courts).

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

There is also no specific provision in Brazil regarding this matter. However, Brazilian Labour Courts understand that the use of social media to disparage the employer or to divulge confidential information, may lead to disciplinary measures. Prior decisions by these courts on this issue held that this type of conduct could lead to termination with cause by the employer, and payment of an indemnification due to moral damages, by the employee to the employer.

Any questions

Ask our member firm TozziniFreire in Brazil