Internet Appraisals: Confidentiality of Employer Evaluations Online?
Dresden/Berlin - Companies have limited means to prevent anonymous criticism on employer review platforms, as a recent ruling by the Higher Regional Court (OLG) Dresden confirms. According to lawyer Swen Walentowski, spokesperson for "anwaltauskunft.de", employers can only demand the deletion of a critical contribution if they can prove that there was direct contact between the company and the reviewer.
In a case involving a user's review under the headline "Worst Employer of All Time", the employer demanded the removal of the review from the platform, stating a lack of contact with the reviewer. In turn, the platform requested evidence and received anonymized documents such as employment contracts and certificates. The employer found this response inadequate and sought the disclosure of the anonymous reviewer's identity to verify the alleged contact. However, the platform refused to disclose personal data. As a result, the company filed a lawsuit for an injunction and demanded the deletion of the review.
Upon reviewing the case, the Higher Regional Court Dresden dismissed the lawsuit. The platform was not found responsible as it had fulfilled its duty to examine the challenged review. The court emphasized that full disclosure of the reviewer's identity is generally illegal. Platforms may only disclose data if they can prove an actual contact, with the disclosure being allowed only under strict legal conditions and when ordered by a court.
The case serves as an example of the ongoing legal balancing act between employees' freedom of expression and employers' rights to protect themselves from defamatory or false statements. German courts have consistently been strict in keeping the identity of anonymous reviewers confidential, as they aim to protect the right to anonymity unless a clear violation of the law can be established.
Despite the employer's demand, the platform refused to disclose the anonymous reviewer's identity, as the technology in use maintained anonymity to protect reviewers' rights. In this case, the Higher Regional Court Dresden confirmed that platforms can only release personal data if they can verify direct contact between the company and the reviewer, and even then, only under strict legal conditions.
