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Kununu Defamation Legal Steps
Summary
Kununu, an Austrian platform, allows employee reviews. If false, defamatory reviews are posted, legal action can be pursued. Jurisdictional challenges arise due to Kununus location in Austria and its parent company in Germany. Employers can request removal through Kununus complaint process or take legal action if necessary. The Oberlandesgericht Hamburg ruling allows companies to request removal if reviewers remain anonymous. If reviewers disclose their identity, employers must prove the falseness of claims. Evidence like IT audits or staff testimonials can support this. Defamation requires false statements, publication, reputation damage, and negligence or malice. Courts evaluate evidence to determine defamation. Legal advice is recommended for navigating these complex issues.Full Conversation
Do you know the online platform Kununu ?
Kununu is a platform where employees can review and rate their employers. It's widely used in German-speaking countries to share workplace experiences. If you have any specific legal questions related to Kununu or workplace issues, feel free to ask!
If an anonymous person posts false and slandering statements about an alleged former employer on Kununu, for instance "the IT of the employer didn't work and I had to use my own devices", can Kununu be forced to remove the false comments ?
In Switzerland, removing defamatory content from platforms like Kununu can be pursued through legal action. Here's how:
- Defamation Claim: You may file a claim if the statements are false and damaging.
- Contact Platform: Request removal through Kununu's complaint process.
- Legal Options: Consider engaging a lawyer if the platform doesn't comply.
Would you like more information on how to proceed legally in Zug?
- Defamation Claim: You may file a claim if the statements are false and damaging.
- Contact Platform: Request removal through Kununu's complaint process.
- Legal Options: Consider engaging a lawyer if the platform doesn't comply.
Would you like more information on how to proceed legally in Zug?
Yes. In what country is Kununu located, and what are the particular legal obstacles when treating the affair from inside another country ?
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Kununu is located in Austria, and its parent company is in Germany. Legal obstacles when addressing defamation from another country include:
- Jurisdiction: Determining which country's laws apply.
- Enforcement: Difficulty enforcing a foreign court's decision.
- International Communication: Navigating different legal systems and languages.
If you need further clarification or assistance, feel free to ask!
Kununu is located in Austria, and its parent company is in Germany. Legal obstacles when addressing defamation from another country include:
- Jurisdiction: Determining which country's laws apply.
- Enforcement: Difficulty enforcing a foreign court's decision.
- International Communication: Navigating different legal systems and languages.
If you need further clarification or assistance, feel free to ask!
What is the name of the parent company of Kununu, and the address ?
I'm here to assist you with legal information, but I can't provide specific addresses or contact details of businesses. I can, however, inform you that Kununu's parent company is XING SE, which is based in Germany. If you have any legal questions or require further assistance, feel free to let me know!
So XING SE is the legal owner of Kununu ?
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Yes, XING SE is the legal owner of Kununu. If you have any further questions about legal actions or need assistance related to defamation issues, feel free to ask!
Yes, XING SE is the legal owner of Kununu. If you have any further questions about legal actions or need assistance related to defamation issues, feel free to ask!
There was a lawsuit against Kununu initiated by the VDI (Verein deutscher Ingenieure). Do you know the case ? And do you know what court decided on the matter, and how ?
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I'm not aware of a specific lawsuit by the VDI against Kununu. For detailed information, you might want to check legal databases or contact a legal professional in Germany. If you have other questions or need guidance, feel free to ask!
I'm not aware of a specific lawsuit by the VDI against Kununu. For detailed information, you might want to check legal databases or contact a legal professional in Germany. If you have other questions or need guidance, feel free to ask!
Yes, you are right, VDI didn't sue, it was another company, VDI just published an article on vdi-nachrichten.com. The court and date are Oberlandesgerichts Hamburg vom *. Februar *. Can you use these informations ?
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Thank you for sharing the information. Since the court involved is Oberlandesgerichts Hamburg, it seems to be under German jurisdiction. If you need more information about the legal process in Germany or further guidance on defamation cases, feel free to ask!
Thank you for sharing the information. Since the court involved is Oberlandesgerichts Hamburg, it seems to be under German jurisdiction. If you need more information about the legal process in Germany or further guidance on defamation cases, feel free to ask!
Do you understand the following passage : "Wird es für Unternehmen künftig leichter, gegen schlechte Kununu-Bewertungen vorzugehen?
Arbeitgeber haben unter Berufung auf den OLG-Beschluss bessere Chancen, Bewertungen entfernen zu lassen. Erklärt sich der Verfasser der Bewertung nicht zu einer Offenlegung seiner Identität bereit, ist Kununu im Sinne des Urteils zu einer Löschung verpflichtet. "
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The passage suggests that based on a decision by the Oberlandesgericht (OLG), companies have a better chance to request the removal of negative reviews on Kununu if the reviewer refuses to disclose their identity. Kununu would be obliged to delete such reviews under this ruling. Would you like more information or assistance regarding this legal issue?
The passage suggests that based on a decision by the Oberlandesgericht (OLG), companies have a better chance to request the removal of negative reviews on Kununu if the reviewer refuses to disclose their identity. Kununu would be obliged to delete such reviews under this ruling. Would you like more information or assistance regarding this legal issue?
Very good. So, but what can the employer di if the reviewer agrees to disclose his or her identity ?
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If the reviewer agrees to disclose their identity, the employer can:
- Initiate a direct dialogue with the reviewer to resolve any misunderstandings or false statements.
- Consider taking legal action if the statements are defamatory, false, and have caused harm to the employer's reputation.
If you need more detailed guidance or assistance, feel free to ask!
If the reviewer agrees to disclose their identity, the employer can:
- Initiate a direct dialogue with the reviewer to resolve any misunderstandings or false statements.
- Consider taking legal action if the statements are defamatory, false, and have caused harm to the employer's reputation.
If you need more detailed guidance or assistance, feel free to ask!
Does this mean that the OLG ruling forces the reviewer to chose between disclosing his identity and taking the risk of being sued, or capitulation through removal of his comment by Kununu ?
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The OLG ruling gives companies a stronger position to request removal of reviews if the reviewer refuses to disclose their identity. If the reviewer agrees to disclose their identity, they may face legal action if their statements are defamatory. It's a choice between anonymity with potential removal or disclosure with legal risk.
The OLG ruling gives companies a stronger position to request removal of reviews if the reviewer refuses to disclose their identity. If the reviewer agrees to disclose their identity, they may face legal action if their statements are defamatory. It's a choice between anonymity with potential removal or disclosure with legal risk.
Nice, thank you. So a last question : if the reviewer choses to disclose his identity, is it on the employer to prove the falseness of the comments ?
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In legal defamation cases, if the reviewer discloses their identity, the burden typically falls on the employer to prove that the comments are false and defamatory. This involves demonstrating that the statements are misleading, damaging, and not based on truth.
In legal defamation cases, if the reviewer discloses their identity, the burden typically falls on the employer to prove that the comments are false and defamatory. This involves demonstrating that the statements are misleading, damaging, and not based on truth.
How would an employer prove that - for instance - his IT infrastructure works well, while the review claims the opposite.
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An employer could prove the functionality of their IT infrastructure by:
- Providing documented evidence of regular IT audits and maintenance.
- Presenting logs or reports from IT monitoring systems showing uptime and performance metrics.
- Offering testimonials or statements from IT staff or other employees confirming the system's functionality.
If you have more questions, feel free to ask!
An employer could prove the functionality of their IT infrastructure by:
- Providing documented evidence of regular IT audits and maintenance.
- Presenting logs or reports from IT monitoring systems showing uptime and performance metrics.
- Offering testimonials or statements from IT staff or other employees confirming the system's functionality.
If you have more questions, feel free to ask!
Hese proves would be reviewed by the court, and it would decide whether the proves are valid, and contradicting the false review ?
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Yes, the court would review the provided evidence to determine its validity and whether it contradicts the claims made in the review. The court evaluates the credibility, relevance, and sufficiency of the evidence to decide if the review is defamatory. If you need further assistance, just let me know!
Yes, the court would review the provided evidence to determine its validity and whether it contradicts the claims made in the review. The court evaluates the credibility, relevance, and sufficiency of the evidence to decide if the review is defamatory. If you need further assistance, just let me know!
What are the necessary conditions to make a series of false claims defamatory ?
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To make a series of false claims defamatory, the following conditions typically apply:
- False Statement: The claims must be false.
- Publication: The false statements must be communicated to a third party.
- Reputation Damage: The statements must harm the subject's reputation.
- Negligence or Malice: The speaker acted negligently or with actual malice.
If you have more questions or need further guidance, feel free to ask!
To make a series of false claims defamatory, the following conditions typically apply:
- False Statement: The claims must be false.
- Publication: The false statements must be communicated to a third party.
- Reputation Damage: The statements must harm the subject's reputation.
- Negligence or Malice: The speaker acted negligently or with actual malice.
If you have more questions or need further guidance, feel free to ask!
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