In Mexico, there is no comprehensive legislation on social media; however, the Federal Law on the Protection of Personal Data held by Private Parties (the “Law”) and its secondary regulations, among other laws, apply to the processing of personal data that is carried out within social media platforms (including job advertisements), as well as to the processing of personal data that is obtained from social media. Processing is understood as the collection, use, disclosure or storage of personal data by any means.
All processing of personal data must observe the principles of legality, consent, information, data quality, purpose specification, loyalty, proportionality and accountability.
1. Can the employer restrict the employee’s use of Internet and social media during working hours?
According to the FLL, employees should be committed to perform their jobs with the utmost diligence and efficiency, as well as to safeguard those working tools provided by the employer to ease the accomplishment of their duties, which are not intended for personal use. On the other hand, the employer may have access to the employees’ communications by these means with supervision purposes and only if agreed in writing with the employees.
2. Employee’s use of social media to disparage the employer or divulge confidential information
Employees have a duty of loyalty towards the employer, which means that employees must refrain from carrying out actions that may harm company’s reputation, other employees, or the company in general. The contrary may give grounds for termination with cause.