Restrictions in the Workplace
The employer can restrict the use of Internet and social media during working hours by a guideline/code of conduct that states the rules concerning such usage. The employer must inform the employees about the email and Internet policy within the company.
Can the employer monitor, access, review the employee’s electronic communications?
The employer is allowed to check whether the company’s Internet and email rules are being followed, but the surveillance of any private use of the Internet during work cannot conflict with the employee’s fundamental right of privacy, and the employer is obligated to provide advance notice of his intent to use such equipment for investigation purposes. Following the EU Regulation on privacy that entered into effect on 25 May 2018, employers must decide what level of privacy is required in each situation.
Employee’s Use of Social Media to Disparage the Employer or Divulge Confidential Information
The Dutch Civil Code stipulates that an employee may never insult his/her employer, and the employee is not permitted to disclose confidential information about the company. A severe insult of the employer or his/her family members, as well as divulging confidential information about the company may result in an urgent reason for dismissal.