FFCheckPrivacyCheck
🤔 Is this allowed? privacy editionLIMITED

May my employer check my social media?

Public posts may be viewed — use in personnel decisions requires transparency + basis. Hidden accounts or "friending" for access = unlawful.

Last reviewed: 25 May 2026
Social media + employer is a layered topic — freedom of expression (ECHR Art. 10) + privacy (Art. 8) + GDPR + employment law. What MAY employer? (1) View public posts — like anyone else. (2) On hiring: use public info for "suitability" — only work-relevant + transparently disclosed. (3) Check LinkedIn profile — semi-public. What is NOT allowed? (1) Hiding behind fake account to friend you — GDPR Art. 6 breach. (2) "Friending" private account for access to closed posts. (3) Use in personnel decision without disclosure. (4) Extracting special data (Art. 9) from social media — religion, political view, sexual orientation, health. (5) Asking for login credentials — Amsterdam Court 2019 ruled unlawful. Employee rights: GDPR Art. 15 access to work file — all social media data employer keeps. Rectification + erasure on unlawful use. On termination based on social media post: cantonal judge weighs: was post work-relevant? Private context? Were you warned beforehand? Practical: set social to "friends only" defuses many risks. LinkedIn = default work-related. Bărbulescu + recent ECHR rulings emphasise: employees also have private life.

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