15 Nov, 2022 by Marianne Favre Moreillon

Social networks are not without risks!

15 Nov, 2022 by Marianne Favre Moreillon

In the limited privacy of social networks and the Internet, employees sometimes criticize their employers. Such actions are not without risks.

The freedom of expression guaranteed by the Federal Constitution allows employees to express themselves freely on social networks and the Internet. However, this freedom can be restricted when it involves the employer.

Indeed, the freedom of expression of employees on social networks and on the Internet is limited by the duty of care, loyalty and confidentiality, even outside working hours. They must refrain from causing damage or harming the employer’s image when expressing themselves online.

This is also the case when publishing online opinions on websites that concern the employer, accessible to everyone.

In the event of damage to the employer's image and interests, employees may be subject to sanctions of varying degrees, depending on the circumstances of the case.

This article develops the following topics:

  • use of private social networks by employees
  • duty of care, loyalty and confidentiality outside the company
  • disclosure of confidential data
  • Employer's guidelines and instructions regarding the use of the Internet and social networks
  • publishing online criticism of the employer
  • harming the employer's interests and image
  • sanctions in case of damage to the employer's image

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