Anonymous Review Protection
Internet Critique: Anonymity of Employer Evaluations Online?
In today's digitally connected world, companies can't just sweep under the rug anonymous criticism on employee review platforms. That's according to legal expert Swen Walentowski, a spokesperson for "anwaltauskunft.de." Employers can only request the deletion of a critical post if they can verify that there was zero communication between the company and the reviewer.
When it comes to leaving feedback for your employer on a review platform, worry not about the company easily unmasking your identity. A company hasn't got the right to demand that a review portal reveal the identity of an anonymous reviewer—as long as the platform can prove that there was no communication between the reviewer and the company. A recent ruling by the Higher Regional Court in Dresden (AZ: 4 U 744/24) solidifies this point.
"The Worst Employer Ever"
Let's dive into a real-life scenario. In this instance, a user had penned a review on an employee review platform with the title "The Worst Employer Ever." The employer petitioned the platform to take down the review, claiming they had no inkling of any contact with the reviewer. The platform responded by asking the anonymous reviewer to present evidence. The reviewer then sent anonymized documentation such as employment contracts and training certificates. The platform then forwarded these documents to the employer.
The company wasn't satisfied and demanded that the platform reveal the identity of the critic so that they could verify the alleged contact. The platform declined to disclose personal data. The company then filed a lawsuit seeking the review's removal.
No Need for Full Disclosure
The Higher Regional Court in Dresden dismissed the lawsuit. The lawsuit bore no claim for an injunction. The platform operator was not deemed liable. Although the operator has a responsibility to investigate if a review is challenged, they fulfilled this responsibility in this case. The court underscored that full disclosure of the reviewer's identity is typically unlawful.
Platforms need only check for actual contact and provide the company with data protection-compliant information. The disclosure is only permitted under strict conditions and must be ordered by a court. In general, platforms cannot be forced to reveal a reviewer's personal details without a court order.
In this scenario, the Higher Regional Court in Dresden ruled that platforms cannot be forced to reveal a reviewer's personal details without a court order, as long as they can prove that there was no communication between the reviewer and the company. The court also emphasized that platforms need only check for actual contact and provide the company with data protection-compliant information.
