The Case:

An employer took legal action against a negative online review that, among other things, claimed she paid less than the minimum wage and compensated for this with special benefits. Users must register on the portal withan email address. One review (1 out of 5 stars, category “Salary/Benefits”) stated, among other things, that wages were paid below the statutory minimum wage; an annual special benefit served merely to compensate for this. The anonymous author was identified as a former employee (who worked there until 2024). The Regional Court initially rejected the request to disclose the user’s data and classified the statement as an expression of opinion.

The decision:‍

The Higher Regional Court upheld the appeal: The disputed statement is not merely an opinion, but a verifiable assertion of fact. The allegation of a minimum wage violation is specific and capable of constituting defamation (Section 186 of the German Criminal Code [StGB]). The petitioner was also able to credibly demonstrate that the minimum wage had been complied with.

Key takeaway:‍

Even on review platforms, users are not free to make false verifiable factual claims—especially when alleging violations of the law.

Conclusion: Companies can successfully defend themselves against false factual claims on review platforms and, under the conditions set forth in Section 21 of the German Telecommunications Data Protection Act (TDDDG), are entitled to the disclosure of user data—even if statements are disguised as “reviews.”