OLG Bamberg: Anonymity for employer reviews remains secured!

OLG Bamberg: Anonymity for employer reviews remains secured!

Bamberg, Deutschland - The protection of freedom of expression has achieved a new dimension with a current judgment of the Higher Regional Court of Bamberg (OLG) on June 16, 2025, which was felled in connection with employer assessment platforms. In a procedure (Az. 6 W 6/25 e), a company wanted to experience the identity anonymously of permanent users who had published critical reviews about the company. However, the OLG rejected the right to information and thus not only strengthened the anonymity of the evaluating, but also freedom of expression in the digital space. This decision is an important step to protect the rights of employees and encourage them to openly share their experiences without having to be afraid of reprisals. Anwalt.de reported that even exaggerated criticism is under the protection of freedom of expression, as long as in abuse criticism.

The case illustrates the challenges that companies have in dealing with online reviews. Critical comments that can be found on platforms such as Kununu have the potential to influence public opinion about jobs and employers. If we take a look at the requirements under which data can be published: According to Section 21 (2) TDDDG, illegal content, such as insults or disadvantage, are required to enforce a claim for information. The OLG Bamberg made it clear that expressions of opinion that represent subjective impressions are largely protected. Beck does not have to disclose identities if the content does not be classified.

For employers, this decision represents a clear challenge. Often it acts when they are confronted with critical reviews and feel violated in their right to do so. In the eyes of the OLG, however, it is often subjective opinions that do not necessarily have to withstand a legal examination. The company that moved to court wanted concrete data because the ratings fell unfriendly formulations, such as creative comparisons to "copper cables". Nevertheless, the court considered it essential that evaluations that are directed against managers cannot be equated with the entire company. Facilizer.de indicates that employers should keep a cool head in dealing with negative reviews.

The OLG decision also gives employers some useful tips. It is advisable to remain factual with critical reviews and to respect the freedom of expression of the employees. A well thought -out handling of such feedback can even lead to improving the corporate culture. The employer is also recommended to thoroughly weighs on legal steps and to be clear about the legally possible.

The responsibility of employees

but also employees and applicants are responsible. According to the OLG, it is crucial for you to use your right to freedom of expression consciously and responsibly. You should stay away from false statements and do without insults. It is important that evaluations remain constructive and fair and that if anoyms are paid, attention is paid to avoiding clear identifiability. Employer assessment portals can be a valuable scene for personal experiences, but only if the authors of the contributions are aware of the scope of their statements.