Many companies introduce their employees by name on the company website. When a German employer fails to delete such information promptly after an employee leaves the company, it can be expensive for the former employer, as a judgment of the Labor Court (Arbeitsgericht, ArbG) of Neuruppin shows in an opinion from December 2021.
Facts of the Case
A biologist, who worked as an office manager, was named on her employer's public website and introduced as the company's in-house biologist, although this was not her position. When she left the company, the employee requested that the company delete the information from its website.
When her name and incorrect position still appeared online one year later, she sent her former employer a reminder and demanded that the company issue a cease-and-desist declaration to confirm that it had removed the information and claimed 8,000 euros (approximately $8,453) in damages. The employer deleted the information and provided the requested cease-and-desist declaration but paid only 150 euros (approximately $159) in damages. The employee then brought a claim before the Labor Court in Neuruppin, demanding payment of only 5,000 euros (approximately $5,284) in damages, minus the 150 euros that had already been paid.
The Judgment
The ArbG Neuruppin ordered the former employer to pay 1,000 euros (approximately $1,056) in damages, minus the 150 euros already paid. The court based its decision on data protection law, as the name of the employee is...
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