06. Social Media and Data Privacy in Poland

Restrictions in the Workplace

The employer may restrict the employee’s use of Internet and social media during working hours.

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

As long as it is necessary to ensure the organisation of work enabling full use of working time and proper use of the work tools made available to the employee, the employer may monitor, access and review the employee’s business e-mails, as well as other forms of communication. The provisions on such forms of monitoring should be included in work regulations.

From May 2019, new rules on protection of employees’ personal data came into force. The regulations introduced detailed requirements in terms of various forms of monitoring at work (including video monitoring), as well as rigorous rules on processing the personal data of employees and job candidates.

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

The employee is obliged to take care of the best interests of the employer’s establishment and keep confidential any information, disclosure of which could damage the employer. Violation of employer’s personal rights or confidential information may be treated as a serious breach of the employee’s basic duties and employer may terminate the employment contract without notice.