The juridical relevance of the non-work-related use of social networks by the worker

Abstract

In recent years, the widespread diffusion of social networks has redefined the terms of all social relations. The employment relationship could not be excluded. The case law analysis leads to verify the usability of shared data, unless they are conveyed by private messages or filtered by specific authorizations. As regards the current regulations, the fidelity obligation pursuant to art. 2105 of the Civil Code, together with the good faith clause, represents the gateway to the juridical relevance of the extra-work use of these instruments. The balancing between the fiduciary bond and the constitutionally guaranteed person’s rights is based on formal and substantive limits, as well as on the proportionality criterion, the dosage of which is entrusted first to the employer and then to the judge. In this evolving context, the internal rules of the company are called to play the central role of point of reference for the parties, as well as of aid for the judge, too often called to rule on the basis of mere general clauses.