Ultimately, everyone has to find their own path – whether on their own initiative or as part of a larger group in a pro
Posted: Sat Feb 01, 2025 10:16 am
It is also worth asking what information, training and support services are available beyond the social media guidelines. In many companies that do not yet have a proper program, there is at least an awareness of the issue.
It should be common knowledge by now that all rules of confidentiality and other regulations also apply to statements made on social networks; as well as the fact that one should not always just think about the large public platforms, but also about micro-networks, such as messengers or closed chat groups.
But can a company prohibit its employees from creating profiles on a platform, such as XING or LinkedIn, or from showing themselves as company employees on all or certain social networks? What can the employer prohibit and what can't they prohibit?
Lawyer Dr. Thomas Schwenke says:
"The employer cannot prevent accounts from being created. Nor bank data will he generally be able to prevent himself from being listed as the employer. Exceptions can apply if the employer has a special interest and this has been effectively agreed. This is because it is a disadvantage for employees if they have to constantly be careful not to reveal their employers in their private lives. Such a special interest is conceivable, for example, in the security sector or in certain economic competition constellations.
Furthermore, a company can prohibit private actions that can be detrimental to the company. It is not permitted to monitor employees' private accounts. However, in some cases employers can and must even take action if their employees behave inappropriately or even illegally in public. They cannot prohibit employees from expressing criminal private views. However, companies can terminate employees depending on the severity of the offense. Termination is possible above all if employees express criminal views in public. This applies above all if the statements contradict the company philosophy." (quoted from the book: Brand Ambassadors - Success with Corporate Influencers )
It should be common knowledge by now that all rules of confidentiality and other regulations also apply to statements made on social networks; as well as the fact that one should not always just think about the large public platforms, but also about micro-networks, such as messengers or closed chat groups.
But can a company prohibit its employees from creating profiles on a platform, such as XING or LinkedIn, or from showing themselves as company employees on all or certain social networks? What can the employer prohibit and what can't they prohibit?
Lawyer Dr. Thomas Schwenke says:
"The employer cannot prevent accounts from being created. Nor bank data will he generally be able to prevent himself from being listed as the employer. Exceptions can apply if the employer has a special interest and this has been effectively agreed. This is because it is a disadvantage for employees if they have to constantly be careful not to reveal their employers in their private lives. Such a special interest is conceivable, for example, in the security sector or in certain economic competition constellations.
Furthermore, a company can prohibit private actions that can be detrimental to the company. It is not permitted to monitor employees' private accounts. However, in some cases employers can and must even take action if their employees behave inappropriately or even illegally in public. They cannot prohibit employees from expressing criminal private views. However, companies can terminate employees depending on the severity of the offense. Termination is possible above all if employees express criminal views in public. This applies above all if the statements contradict the company philosophy." (quoted from the book: Brand Ambassadors - Success with Corporate Influencers )