OLG Hamburg: Kunuu must delete anonymous reviews

Introduction

As a lawyer specializing in copyright law, competition law and IT law, I regularly face the challenge of protecting my clients from the effects of illegal online content. This often includes the removal of inadmissible reviews on platforms such as Google, hotel portals and similar websites, which can represent not only a legal but also a reputational risk for my corporate clients. At a time when online reviews play an immense role in public image and business success, it is crucial to ensure the integrity and legitimacy of these reviews. The recent ruling of the Higher Regional Court of Hamburg on employer reviews on Kununu is therefore a milestone that is of great importance not only for my clients, but also for the entire practice of digital reputation management. It highlights the complex interactions between anonymity on the Internet, data protection and the right to protection from false accusations and reputational damage. This ruling could have far-reaching implications for the future of online review platforms and their handling of user data, which makes it a key issue in my professional field.

Core of the judgment

The Hanseatic Higher Regional Court of Hamburg ruled in summary proceedings (decision of 09.02.2024, Ref. 7 W, 11/24) that Kununu must disclose the names of authors if employers doubt the authenticity of negative reviews. This ruling, which represents a provisional regulation, could fundamentally change the practice of anonymous reviews on platforms such as Kununu. In one specific case, an employer had questioned the authenticity of negative reviews and demanded that they be deleted. Kununu then demanded evidence, but this was not provided, whereupon the Hamburg Regional Court initially rejected the employer’s application. However, the Higher Regional Court of Hamburg overturned this decision and ruled that the anonymity of the evaluating person can be revoked.

Data protection and anonymity

The court saw no right to anonymity of the evaluating person for data protection reasons and thus set new standards in the area of conflict between data protection and transparency. It argued that verifying the legitimacy of a negative review, including the identity of the reviewer, was crucial to upholding justice and fairness. This decision underlines the need to find a balance between the protection of users’ privacy and the right of companies to be protected from unjustified or misleading reviews. The implications of this ruling are far-reaching and could fundamentally change the practice of anonymous reviews on platforms such as Kununu. Review platforms now face the challenge of adapting their policies and procedures to ensure both the privacy and legality of the content published on their sites. This could lead to increased responsibility for verifying the authenticity of reviews and potentially mean a change in the way user feedback is collected and presented. In the long term, this could lead to a more transparent and trustworthy online review culture where users are aware of the potential consequences of leaving a review.

Effects and conclusion

The ruling of the Higher Regional Court of Hamburg could have a precedent-setting effect and result in a significant reorientation in dealing with anonymous reviews on online platforms. It emphasizes the essential importance of the authenticity and legal admissibility of online reviews and focuses on the rights of the reviewed companies. From the perspective of a lawyer specializing in IT law, this ruling represents a significant step towards safeguarding the integrity and trustworthiness of digital platforms. It clearly illustrates that a reassessment of the relationship between data protection and the need to guarantee the authenticity of online reviews is essential. It is noteworthy in this context that Kununu, as the platform directly affected, has announced that it will take legal action against this court decision. This underlines the ongoing legal debate and the dynamic nature of this area of law, which is constantly subject to new developments and challenges. In my role as a legal advisor, it is therefore a top priority to follow these developments closely in order to provide my clients with sound and effective representation in a constantly changing digital environment.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.