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06. Social Media and Data Privacy in the Czech Republic

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Czech Republic

06. Social Media and Data Privacy in the Czech Republic

Restrictions in the Workplace

Without the employer’s consent, employees may not use the employer’s means of production and other means necessary for the performance of work, including computers and telecommunication technology, for their personal needs. The employer is authorised to check compliance with the prohibition in an appropriate way.

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

Without a serious cause consisting in the employer’s nature of activity, the employer may not encroach upon employees’ privacy at workplaces and in the employer’s common premises by open or concealed surveillance (monitoring) of employees, interception (including recording) of their telephone calls, checking their electronic mail or postal consignments addressed to a certain employee.

Where there is a serious cause on the employer’s side consistent with the nature of his/her activity which justifies the introduction of surveillance (monitoring), the employer shall directly inform the employees of the scope and methods of its implementation.

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

When an employee shares the employer’s confidential information, it can be considered a breach of the employee’s duties. Depending on the seriousness of such breach, it can lead to termination of employment with the employee and for entitlement to damages as well. The employer can also apply at court for deleting posts (or other forms containing confidential information) and to order an employee to stop sharing confidential information in the future.

A detailed employer’s internal regulation can be adopted or an agreement with the employee can be concluded to specify the employee’s duties in regard to confidential information.

Any questions

Ask our member firm Havel & Partners in Czech Republic