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T H E P R I M E R U S P A R A D I G M
Social Media and Hungarian Law
Szabolcs Hargittay is a specialist in environment law and European
Union law. His practice areas also include labor and employment;
company and corporate law; insolvency, bankruptcy and liquidation;
contract law; debt collection; and real estate law.
Zsolt Füsthy is a specialist in environmental law and European
Union law. He also practices in the areas of mergers and acquisitions,
corporate law, international banking law and securities matters, labor
and employment, antitrust/competition law, contract law and real
estate law.
Füsthy & Mányai Law Office
Lajos u. 74-76
1036 Budapest, Hungary
+(36 1) 454 1766 Phone
+(36 1) 454 1777 Fax
shargittay@fusthylawoffice.hu
zfusthy@fusthylawoffice.hu
www.fusthylawoffice.hu
Szabolcs Hargittay
Zsolt Füsthy
Social media has become an everyday
factor in the lives of average people.
Almost everybody has at least one
account in various community pages
(e.g.: Facebook, Twitter, LinkedIn,
etc.). People are sharing photos, posting
their opinions, making comments and
"liking" each other's posts all the
time. These activities may show a lot
of information about the user's life,
personality and workplace. Therefore,
social media may affect the employment
relationship in various ways.
We would like to highlight labor and
data protection law in Hungary. Two main
laws apply to this issue: Act I of 2012
on the Labor Code (referred to as "Labor
Code") and Act CXII of 2011 on the
Right of Informational Self-Determination
and on Freedom of Information (referred
to as: "Information Act").
Labor Law Aspects
Legal disputes relating to social media
usually revolve around the conflict
between employees' right to express their
opinions and the employer's legitimate
economic interests.
According to the Labor Code, during
the life of the employment relationship,
employees shall not engage in any
conduct which jeopardizes the legitimate
economic interests of the employer,
unless so authorized by the relevant
legislation. Employees may not engage in
any conduct during or outside their paid
working hours that, stemming from the
worker's job or position in the employer's
hierarchy, directly and factually has
the potential to damage the employer's
reputation, legitimate economic
interest or the intended purpose of the
employment relationship.
Furthermore, the Labor Code sets a
guideline pertaining to the confidentiality
obligation of employees. According
to the Labor Code, employees shall
maintain confidentiality in relation to
business secrets obtained in the course
of their work. Moreover, employees shall
not disclose to unauthorized persons
any data learned in connection with
their activities that, if revealed, would
result in detrimental consequences for
their employer or other people. The
requirement of confidentiality shall not
apply to any information that is declared
by specific other legislation to be treated
as information of public interest or public
information and as such is rendered
subject to disclosure requirement.
An employee may be requested to
make a statement or to disclose certain
information only if it does not violate
his personal rights, and if deemed
necessary for the conclusion, fulfillment
or termination of the employment
relationship. An employee may be
requested to take an aptitude test
if one is prescribed by employment
regulations, or if deemed necessary
with a view to exercising rights and
discharging obligations in accordance
with employment regulations.
The Labor Code contains a provision
which is related to the data protection
law, as well. Employers shall inform their
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