The increasing prevalence of social media use has transformed how individuals communicate and consume information. It has also created new risks for employers as any potential misuse by employees can have serious implications for the workplace environment (and potentially an employer's reputation).
At the same time, Japan has recently introduced new rules expanding flexible work opportunities (we wrote about these previously here), with further changes due to come into effect from October 2025. While these changes reflect a broader shift towards accommodating diverse work styles, this global trend has seen an accompanying rise in employee monitoring practices by employers (where direct supervision is otherwise not as easy). In Japan, some organisations may look to increased surveillance in response to the potential change in work dynamics that flexible and remote working arrangements can bring.
Both of these issues are closely related, drawing on issues of data privacy in the workplace and the balancing act between preventing risks, whilst maintaining good employee relations. In this article, we take a look at the key considerations for employers in Japan when it comes to: (i) monitoring employee activity at work; and (ii) managing employee social media use.
Monitoring employee activity: legal boundaries and practical steps
Surveillance cameras, email tracking, and location data are increasingly used by employers, but under Japanese law, such practices are subject to strict privacy protections.
More specifically, monitoring often involves the handling of their personal information under the Act on the Protection of Personal Information ('APPI'), Japan's key data privacy legislation. In such cases, employers must clearly specify the purpose of monitoring, limit the collection and use of information to what is necessary for that purpose, and implement appropriate security measures.
Since employee monitoring can potentially infringe employees' privacy rights, employers must have a legitimate business purpose for conducting such practices, such as ensuring security or preventing misconduct. Monitoring should be carried out only to the extent necessary and must not be excessive. Excessive or unjustified monitoring may be considered a violation of privacy and could be legally challenged. As a general rule, employees should be informed in advance of any monitoring practices.
To ensure lawful and appropriate handling of personal data during video or online monitoring, the APPI Q&A published by the Japanese Personal Information Protection Commission, recommends that employers:
- Clearly specify the purpose of monitoring in internal policies in advance and communicate this purpose to employees.
- Designate the personnel responsible for implementing the monitoring and specify their authority.
- Establish rules for the implementation of monitoring in advance and ensure that these rules are thoroughly explained to all personnel involved in monitoring activities.
- Regularly review and confirm that monitoring is conducted appropriately and in accordance with the established rules.
Social media use: balancing workplace discipline and off-duty freedom
As monitoring practices raise questions about privacy and control, similar concerns emerge around employees' use of social media. However, the considerations for employers vary significantly depending on whether the use takes place during or outside of working hours.
In the workplace
Under Japanese law, employees are required based on their employment contracts to fulfil their duties in good faith. The use of social media for personal purposes during working hours and in the workplace is generally considered a breach of the duty to concentrate on work. Such conduct could potentially constitute a violation of the employer's work rules or other internal policies and may result in disciplinary action, depending on the circumstances and the provisions of the employer's internal policies. Disciplinary sanctions must be reasonable and proportionate, taking into account factors such as the frequency and impact of personal social media use during work.
Off duty
The use of social media outside working hours is not generally restricted. Employers are generally not permitted to prohibit or monitor employees' personal use of social media when off duty, as this may infringe upon employees' rights to privacy and freedom of expression. However, posts that disclose the employer's confidential information, defame the employer, or otherwise damage the employer's reputation may constitute a breach of the employer's work rules or internal policies. Even if such posts are made outside of working hours, they may result in disciplinary action if they cause harm to the employer or its business interests, depending on the specific circumstances and the provisions of the employer's internal policies.
In recent years, the inappropriate use of social media by employees outside of working hours has become a concern for employers, particularly in relation to information leaks and the potential damage to the organisation's reputation. To address these risks, it is advisable for employers to establish clear rules or guidelines regarding the appropriate use of social media, and to ensure that employees are well informed of these policies.
Takeaway for employers
To effectively manage digital conduct and privacy risks in Japan's evolving workplace landscape, employers should note the following:
- Ensure monitoring is lawful, proportionate, and transparent – Employee monitoring must be clearly justified by a legitimate business purpose. Employers should define the scope and purpose of monitoring in internal policies, inform employees in advance, and regularly review practices to ensure compliance with the APPI and respect for employee privacy.
- Set clear boundaries for social media use – Depending on the circumstances, personal social media use during work hours may breach workplace duties and justify disciplinary action. While off-duty use is not generally restricted, employers can take action if posts harm the organisation or disclose confidential information. Clear, well-communicated policies help mitigate these risks.
- Build trust through clear, compliant internal procedures – Whether addressing monitoring or social media use, internal rules should be legally sound, consistently applied, and designed to foster transparency and employee trust. Training and regular communication are essential to ensure employees understand their responsibilities and rights.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
