New OLG Judgment: Is Private Email Use Subject To Telecommunications Secrecy?

In a recently published judgment by the Higher Regional Court of Thuringia dated 14 September 2021 (case no. 7 U 521/21), it ruled that employees' email communications are subject to telecommunications secrecy if the employer permits the use of telecommunications for private purposes.

Has this settled the long-running dispute on this issue? No. The court left the actual question open.

Facts

The plaintiff (hereinafter referred to as the employee) had worked for the defendant (hereinafter referred to as the employer) as a board member since 2002. The private use of the company email account provided by the employer was expressly permitted. There was also an internal guideline in which the employer itself recognized its status as a telecommunications service provider and undertook to maintain telecommunications secrecy. The employee was dismissed on 7 February 2020.