Logo L&E Global
Netherlands | Palthe Oberman

06. Social Media and Data Privacy in The Netherlands

Employment Law Overview Netherlands
Cross-Border Remote Work FAQs Netherlands
Employees vs Independent Contractors Netherlands
Opening a Business in the Netherlands
Netherlands

06. Social Media and Data Privacy in The Netherlands

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 EU Regulation on privacy, employers must decide in each situation what level of privacy is required.

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

Based on the Dutch Civil Code, good employment practices and Dutch case law, the employee is not allowed to disclose confidential information about the company, to insult the employer and to denounce the employer. 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.

Any questions

Ask our member firm Palthe Oberman in Netherlands