Managing the Facebook page is the employer's responsibility, or not?

As a rule, the management of a Facebook page created for a company belongs to the employer and not to the employee who set up the page. Even when an employee created the page on their own initiative and in their own time via a personal account, that page can be considered a business asset of the employer. What is decisive is not who technically created the page, but for whose company and in what context this occurred. The District Court of Gelderland confirmed this in summary proceedings in 2019 (ECLI:NL:RBGEL:2019:4651) and ordered a former employee to transfer the management and login details.

Who owns a business Facebook page: employer or employee?

Social media first emerged from users and only later from companies. In that movement, it was common for an enthusiastic employee to create a page for the organization where he or she worked. However, the fact that an employee sets up and manages the page on their own initiative does not automatically mean that the employee also has the right to manage it. A judge looks at the broader context: for whom was the page intended, and was maintaining it part of the job?

The core question is whether the page functions as a business asset of the enterprise. If so, the employer may demand the transfer of management and login credentials, even if the employee takes a different position. A business asset is anything the enterprise uses to carry out its activities; in the case of social media, this concerns the page itself, the accumulated followers, the content, and the management rights.

In short, judges generally take these points into account to determine who is entitled:

• Naming: does the page refer to the organization or to the person?
• Content: does the content cover the company and its activities?
• Context: was the page created during employment and was its management part of the position?
• Agreements and authority: is it evident from instructions, task lists, or an employment contract that the employer had control?

The case at the Gelderland District Court (2019)

This case involved an employee who worked for an animal shelter from December 2008 to August 2019. During her employment, she created a Facebook page for the foundation. She did this via her own Facebook account and managed the page partly outside office hours and outside the literal description of her position.

When she terminated her employment contract, the board asked her to transfer the page. She refused: according to her, she had created the page on her own initiative and managed it in her spare time, meaning that only she held the right of management. The animal shelter subsequently brought the matter before the summary proceedings judge.

Why the judge ruled that the page belonged to the employer

The summary proceedings judge took several circumstances into account to determine who was entitled to the management:

• The page was during employment .
• The name of the page referred to the organization itself and not to the employee.
• The content of the page was directly related to the activities of the animal shelter.
• The employer had previously asked the employee by email to delete a Facebook post, which she complied with immediately, indicating a hierarchical relationship regarding the page.
• Work reports and task lists showed that maintaining the Facebook page was part of her duties.

According to the judge, the fact that the organization benefited for years from a successful page that the employee herself filled and maintained did not preclude the right of management from resting with the employer. The former employee was required to transfer management and login credentials, reinforced with a penalty payment in the event of default.

What does this mean for you as an employer or entrepreneur?

A Facebook page, Instagram account, LinkedIn company page, or YouTube channel represents value: reach, followers, reviews, and years of content. If you lose login credentials to a departing employee, this can seriously damage your visibility and customer contact. This ruling shows that an employer is not without a chance, but legal proceedings cost time, money, and require proof. Prevention is therefore better than litigation.

Please note: each case is assessed based on its specific facts. If clear agreements are lacking and it is unclear whether management was part of the work, the outcome becomes more uncertain. Clear agreements made in advance make all the difference. Incidentally, the same logic applies to customer lists, email accounts, and business telephone numbers registered in an employee's name.

Employee copyright and social media

In addition to account management, the question often arises as to who holds the rights to content created by an employee: think of texts, photos, videos, or software. The general principle is that the copyright to work created by an employee in the course of their duties rests with the employer. However, if an employee creates something that outside their job description, the situation is more nuanced, and the employer cannot simply claim copyright. Here, too, it is important to document the desired situation in writing. You can read more about this on our page about copyright.

This is how you prevent discussions about social media and accounts

With a few concrete measures, you can prevent a conflict when an employee leaves:

1. Create business accounts using a business email address controlled by the organization, not a personal account.
2. Manage access centrally via a password manager and, on Facebook, via the Business Manager, so that management rights are independent of an individual.
3. Stipulate in the employment contract or a separate arrangement that the management of company accounts is part of the position and that accounts, content, and login credentials are transferred upon termination of employment.
4. Include a provision regarding employee copyright and its transfer, so that the rights to created content are also clear.
5. Document who manages what in job descriptions and task lists; that constituted important evidence in this case.

You lay the foundation for this in a good employment contract. See also our previous article on the importance of a good employment contract.

Frequently asked questions about managing a Facebook page and employer

Is a Facebook page the employer's or the employee's?

If the page was created for the company and functions as a business asset, management generally rests with the employer. The fact that the employee set up the page themselves or managed it in their own time is not decisive in this regard.

May a former employee refuse to hand over the login details for a company page?

Not without further ado. If it turns out that the page belongs to the employer, a judge may order the employee to transfer control and login credentials, possibly subject to a penalty payment. This also happened in the case before the District Court of Gelderland.

What if the employee created the page on their own initiative and in their own time?

That is a circumstance that is taken into account, but it is not a free pass. The judge looks at the whole picture: the name, the content, the connection to the work, and any agreements or task lists showing that the management was part of the position.

Who holds the copyright to content created by an employee?

If an employee creates content within the scope of their duties, the copyright generally rests with the employer. This does not automatically apply to work that falls outside the scope of duties. Therefore, record the agreements in writing.

How do I prevent a conflict regarding social media when an employee leaves?

Manage accounts centrally using business email addresses, use the Company Manager where possible, and stipulate in the employment contract that accounts, content, and login credentials are transferred upon termination of employment.

Does this also apply to LinkedIn, Instagram, or a YouTube channel?

Yes, the same principles apply to other business accounts. The decisive factor is whether the account functions as a business asset and whether its management was part of the employee's duties.

Need help with agreements regarding accounts and copyright?

Employee copyright and the management of social media and websites are not simple subjects. A watertight document prevents costly disputes later on. The legal experts at MKB Juristen are happy to assist you with employment law and copyright. Would you like to discuss your situation or document? Schedule a no-obligation intake meeting and we will work with you to find the best solution.