Germany is considering introducing a new law which would prevent employers from conducting background checks against prospective employees on social networking sites. However, general Internet searches and searches conducted on business orientated sites such as LinkedIn would not be prohibited (provided that the information is not too old or beyond the control of the candidate.)

Inappropriate comments, boasting about drinking exploits, unflattering photos and derogatory references to previous employers are some of the information which is regularly posted on social networking sites, which candidates would be loath to think their potential employers could access.   

The inappropriate use by employees of social networking sites is now a global issue with which employers have to grapple.  For example, it has been reported that an American candidate found himself remaining unemployed after he tweeted “Cisco just offered me a job! Now I have to weigh the utility of a fat paycheck against the daily commute to San José and hating the work.” Shortly thereafter a Cisco manager responded “who is the hiring manager? I’m sure they would love to know that you will hate the work.  We here at Cisco are versed in the web.”   

If the legislation is adopted, it will be interesting to see how in practice the law will be enforced and whether other countries will enact similar laws.  In an era when people are increasingly commenting on their lives via social networking sites, one would be well advised to maintain a degree of caution and avail of the highest privacy settings.    

For further information please contact John Magee or Leo Moore of our Technology & Commercial Contracts Department.