von Dr. Henning Wiehe

"kununu" is one of the best-known internet platforms where employers can be reviewed anonymously and rated in various categories. Reportedly, more than 10 million reviews have been submitted on the platform.

However, as a result of a fast-track decision of the Higher Regional Court (OLG) of Hamburg (decision of February 8, 2024 - 7 W 11/24), the anonymity granted to reviewers to date is on shaky grounds if the authenticity of the review is doubted by the employer. For in the view the Higher Regional Court of Hamburg, the internet platform operator must terminate the anonymity of the reviewer in such cases and permanently delete the review if there are doubts as to its authenticity. The internet platform operator cannot invoke data privacy in such cases.

The Higher Regional Court based its decision on a new landmark ruling by the Federal Supreme Court (BGH) on the obligations of an internet platform operator for hotel reviews (judgment of February 9, 2022 - VI ZR 1244/20). According to this ruling, it is generally sufficient if the reviewee complains that there was no business contact with the reviewer. The portal must then investigate whether there was justification for submitting the review. In the view of the Higher Regional Court, this means that the employer must be provided with the name of the (former) employee in order to be able to verify that the reviewer actually is or was an employee.

In the future, reviewers may therefore face legal consequences for untruthful reviews. It remains to be seen whether this will increase the transparency and credibility of reviews or, most importantly, reduce the number of reviews submitted. In any case, the decision strengthens the legal position of employers in the face of untruthful reviews.

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