The Higher Labour Court of Düsseldorf has ruled that the works council has no right to co-determine the setup of an employer’s Facebook  page. In this case, the employer, running a center for blood donations, claimed that the Facebook page was set up and used only for marketing reasons. The works council, however, claimed that the page allowed for the surveillance of employees and demanded its deactivation. It argued that the employer, owing to page visitors filing complaints, could discover the identity of the criticized employees. The Court held that, as the Facebook page could not generate information on employees automatically (i.e., surveillance was only possible if page visitors filed complaints), the works council has no right to co-determine the page.

Labour Court press release