Restrictions in the Workplace
The employer can restrict the use of Internet and social media during working hours by a guideline/code of conduct that states the rules concerning such usage. The employer must inform the employees about the email and Internet policy within the company.
Can the employer monitor, access, review the employee’s electronic communications?
The employer can restrict the use of Internet and social media during working hours by a guideline/code of conduct that states the rules about this usage. The employer must inform the employees about the email and Internet-policy within the company. The employer is allowed to check whether these rules are being followed, but the surveillance of private use of Internet during work cannot conflict with the employee’s fundamental right of privacy.
If the employer checks this by using investigation equipment, the employees must be informed beforehand about this. If the employer notices a violation, the employee must be informed about this as well. Especially with the new EU Regulation on privacy that entered into effect on 25 May 2018, employers must decide in each situation what level of privacy is required.
In the Dutch Civil Code, it is laid down that an employee may never insult his/her employer. Also, the employee is not allowed to disclose confidential information about the company. In Dutch employment law, a severe insult of the employer or his/her family members, as well as divulging confidential information about the company may result in an urgent reason for dismissal.