Risk & Business Magazine Lloyd Sadd Insurance Brokers Spring 2016 | Page 28

R & Legal Considerations with Social Media B Reducing Your Risks BY: LLOYD SADD INSURANCE T he Internet is full of legal concerns, and social media is no exception. Even if your company does not participate in social media, your employees undoubtedly use it on their own time, creating potential liabilities. For companies that do engage in social media, various risks should be considered—from who owns a Twitter™ handle and followers (company or employee) to privacy breeches to what happens when an employee bad-mouths a superior on Facebook ®. The law is still developing, so companies should proactively protect themselves. One option is additional insurance coverage. There are various types of cyber risk policies available, and some include social media liabilities. Talk to Lloyd Sadd Insurance Brokers Ltd about insuring this risk. “The best way to protect your company is to have a comprehensive, clear social media policy.” 28 SPRING 2016 2016 SPRING The best way to protect your company is to have a comprehensive, clear policy addressing all relevant social media concerns for employees. Drafting a Social Media Policy When you start thinking about your social media policy, don’t think of it as a punitive document that outlines a framework for disciplining various infractions. Instead, think of it as a set of guidelines to help employees understand the issues and risks, and stay out of trouble (thereby keeping the company out of trouble). Consider including the following components in your policy: - Include a right to digital privacy—that the company will not bypass the security or privacy settings of a social site to see employee content that is not available publicly. - Explain what online harassment and bullying is, and that it is not considered acceptable by the company. • Internal usage guidelines. This clearly defines use rights during work hours. - Specify whether social media is allowed during work hours. A compromise may be allowing employees to use social media during lunch and break times. You should also specify whether employees may use company equipment for social media. - If personal use is not allowed during work hours, specify what constitutes acceptable use for business purposes only. - Include security rules and protocols for downloading files, videos, third-party software, etc. • Employee bill of rights. This is a good way to start, so that employees feel their personal rights are valued by the company. • External usage guidelines. This can be a complicated issue, as is any issue regarding employee conduct outside of work hours. The law is still developing, but there have already been several high-profile lawsuits about whether a company can punish an employee for what is posted online. Consider including the following guidelines in your policy: - Emphasize that all employees have the right to use social media for self-expression on their own time. - For employees with a social media role in the company, the line between business and personal use can easily