Online Critique Analysis: Is Employer's Internet Review Anonymous?
Anonymity of Employer Reviews Online: A Legal Perspective
In the digital age, dissatisfied employees can criticize their former employers anonymously on various rating platforms. However, the question remains: Can a company uncover the identity behind such criticism?
According to Swen Walentowski, spokesperson for "anwaltauskunft.de", businesses cannot arbitrarily prevent anonymous criticism on employer rating platforms. An employer can delete a controversial review only if it can be proven that there was no contact whatsoever between the company and the reviewer.
A company cannot simply discern the identity of an anonymously appearing reviewer. Data protection laws, such as the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), protect personal data. Employer rating platforms are required to safeguard the anonymity of reviewers unless there is a compelling legal reason to disclose identities.
A case in point involved an evaluation on an employer rating platform under the title of "Worst employer of all time." The employer demanded the deletion of the evaluation and asserted no existing contact with the evaluator. The platform asked the anonymous reviewer to provide evidence, which led to anonymized documents such as employment contracts and training certificates being forwarded.
However, the company found this evidence insufficient and demanded the disclosure of the critic's identity to verify the alleged contact. The platform refused to divulge personal data, prompting a lawsuit for an injunction by the company.
When examining the case, the Higher Regional Court Dresden found no claim for injunctive relief and dismissed the lawsuit. The platform operator was not held responsible, despite having a duty to investigate if an evaluation was challenged. The court highlighted that full disclosure of the evaluator's identity is generally impermissible.
Rating platforms are duty-bound to check if there was actual contact and provide data protection compliant information to the assessed company. The disclosure is possible only under stringent conditions and requires a court order.
Employers in Germany cannot routinely discover the identity of anonymous reviewers on employer rating platforms. Disclosure is only possible through a formal legal process if defamation or another illegal act is credibly alleged, and even then, a court order is necessary for platforms to release user information.
Recent legal developments have focused on digital works councils and internal communication but have not substantially addressed external anonymous employer rating platforms. Employee protections, such as those outlined in German labor law, provide strong safeguards, but anonymous reviews on external platforms are not directly regulated by labor law unless they violate defamation or other civil law principles. Risking misclassification, a company that attempts to retaliate against an employee suspected of leaving a negative review faces potential legal repercussions.
Vocational training could be a part of a community policy that a company offers to its employees, ensuring they have the skills necessary for their roles. Additionally, as technology continues to evolve, vocational training programs could incorporate digital platforms to enhance learning experiences.
