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Employees use social media, even in their free time, and this can cause reputational damage to your company. You may not prohibit this use or simply monitor it (that infringes on freedom of expression and privacy), but you can draw up a social media code with clear do's and don'ts. For the period after employment, you arrange matters such as a non-compete clause separately.
Employees are social beings, and chances are high that they use social media. This can lead to problems, even if posts are only made in their free time—consider an employee making racist remarks while their profile states that they work for you. Given the enormous reach, it is important to regulate these matters.
What are you allowed (not) to monitor?
You may not prohibit employees from being active on social media — that conflicts with their freedom of expression. Nor may you simply monitor their social media channels or read private messages, even if they were sent during working hours. Monitoring is only permitted in the case of a legitimate interest, with a predetermined purpose of which the employee has been informed in advance, and must be as limited as possible.
The importance of a social media code
In practice, you cannot do without a social media code: it states what an employee is and is not allowed to do on social media. Often: not to bully or discriminate against colleagues, not to speak negatively about the company, and to respect the norms and values of the enterprise. There are overlaps with other agreements, such as the prohibition against leaking trade secrets. These are interests that you, as an employer, can invoke.
After employment
The social media code applies during, but not after, employment. Therefore, arrange a number of matters preventively. You can include a -compete clause to ensure the employee does not contact your business relations after leaving. When drawing up a settlement agreement that you do not unknowingly waive that non-compete clause.
What does a good social media code look like?
A good code is understandable to all employees — not an unreadable legal document, but with concrete examples, do's and don'ts, and checklists. The better employees understand it, the greater the chance they will comply with the rules. Make the code easily accessible (for example, via intranet) and update it regularly, as social media evolves rapidly.
Frequently Asked Questions
Am I allowed to forbid my employees from using social media?
No. That conflicts with freedom of speech. You can, however, define what is and is not acceptable in a social media code, for example regarding the company or colleagues.
Am I allowed to monitor my employees' social media?
Not just like that. Only in the case of a legitimate interest, with a predetermined purpose, prior information to the employee, and as limited as possible.
Does the social media code also apply after dismissal?
No, only during employment. For matters thereafter, you arrange them separately, for example with a non-compete clause in the employment contract.
Have a social media code drawn up
The employment lawyers at MKB Juristen draft a clear, workable, tailor-made social media code. View our expertise in employment law or schedule an intake meeting .
