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06. Social Media and Data Privacy in Chile
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06. Social Media and Data Privacy in Chile

Restrictions in the Workplace

There is no regulation in Chilean labour legislation that regulates the use of new technologies, much less social networks (e.g., Facebook, Twitter, Instagram or other platforms). Employers can nevertheless, regulate the use of technological tools provided for labour purposes.

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

Employers can include a provision in the Internal Work Rules, wherein any email sent by an employee within the framework of the employment relationship and through company-devices, will be automatically copied to a supervisor or to a server. However, the private communications of employees must be respected.

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

Employees using social media to divulge confidential information can be terminated for cause. Any particular situation must be considered on a case-by case-basis.

Any questions

Ask our member firm Cariola Díez Pérez-Cotapos in Chile