An employer has the right to direct and allocate work and is thus able to restrict employees’ use of Internet and social media during work hours. However, practically, this depends on the type of work that is being performed.
Furthermore, an employer with a legitimate aim to supervise communications of the employee, may be allowed to do so as far as the employee has been informed of it beforehand and the supervision is not excessive in regard to the employee’s right to privacy.
An employee’s use of social media to disparage the employer may constitute an act in breach of the employee’s employment agreement, specifically the employee’s duty of loyalty. Depending on the circumstances at hand, such disloyal behaviour may lead to dismissal, however an employee may be entitled to criticise the employer when a grievance is at hand.
As far as confidential information is concerned the Act on Trade Secrets is of relevance. Trade secrets are defined as information concerning the business or operational circumstances of a trader’s business, which is not generally known or readily available to persons who normally have access to information of the type in question, which the holder of the information has taken reasonable measures to keep secret and the disclosure of which would likely entail competitive harm. An employee who misappropriates an employer’s trade secrets by acquiring, using or disclosing a trade secret which he or she has been given access to in the course of the employment, may be liable to compensate the employer for damage caused by the misappropriations.
Data privacy
The General Data Protection Regulation provides protection for individuals against violation of their personal integrity by processing of their personal data. Accordingly, there are restrictions on employers’ use of data regarding employees, former employees, and applicants. According to the Regulation, any form of processing of personal data must be lawful. Employers may often rely on the performance of the employment agreement or a legitimate interest when processing personal data relating to the employee. The processing must be relevant and necessary for the purpose stipulated and personal data may not be stored for longer than necessary with reference to the specified purposes. Furthermore, the legitimate interest of the employer may not be outweighed by the employee’s interest of personal integrity.
The Regulation also stipulates situations in which personal data may be processed in cases where the individual has not given his or her consent to the processing. For example, personal data may be processed in order to satisfy a purpose that concerns a legal obligation of the employer.
Sensitive personal data – for example, information about employees’ or applicants’ race or ethnic origin, political opinions, religious or philosophical beliefs, membership of a trade union or personal data concerning health or sexual preference – may only be processed in special circumstances.
