LEGAL CONSIDERATIONS
Legal Considerations With Social Media
What You Need To Know
BY : MILLER INSURANCE
The internet is full of legal risks 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 its followers ( the company or the employee ?) to privacy breaches and violations of the Data Protection Act , to what happens when an employee bad-mouths a superior on Facebook .
The law is still developing in this area , but companies should not hesitate to proactively protect themselves against this risk . One option is additional insurance coverage . There are various types of cyber-risk policies available , and some include social media liabilities . Talk to your insurance broker about insuring this risk .
The best way to protect your company is to have a clear , comprehensive policy addressing all relevant social media issues as it concerns 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 employees for various infractions . Instead , think of it as a set of guidelines to help employees understand the issues and risks and to stay out of trouble ( thereby keeping the company out of trouble ). Consider including the following components in your policy :
EMPLOYEE RIGHTS This is a good place to start so that employees feel their personal rights are valued by the company . Emphasise that all employees have the right to use social media for self-expression on their own time . Include in your social media policy a right to digital privacy , i . e ., 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 how it is not considered acceptable by the company .
INTERNAL USAGE GUIDELINES This should clearly define use rights during work hours . Specify whether social media is allowed during work hours , and whether using social media can be done on company equipment . A compromise could be to allow employees to use social media during lunch and break times . 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 .
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 highprofile legal actions concerning whether a company can punish an employee for what is posted online . Consider including the following guidelines in your policy :
For employees with a social media role in the company , the line between business use and personal use can easily be blurred if they use the same account for both . Remind these employees how their social media activity will always affect the company ’ s reputation . For employees with personal social media accounts , urge caution . Tell them to think twice about anything they post about the company on a social network because there is a chance a colleague , manager or client could see the posted content . Encourage employees to use good judgement to avoid risking their reputations — or their jobs . Because this area is especially problematic , be sure to get competent legal advice on the language of your external use guidelines .
SOCIAL MEDIA CONFIDENTIALITY AND NONDISCLOSURE GUIDELINES Revealing any confidential company or client information online should be prohibited , even in a “ private ” forum or message , as the security of the forum or messaging site could be compromised . Emphasise that your company policies related to confidentiality and nondisclosure apply to social media as well .
OFFICIAL COMMUNICATION GUIDELINES Have a policy in place regarding ownership of accounts and followers for all employees using social media for business purposes . Legal actions could spring from this issue , as some employees who have left their employers have tried to take their social media account and followers with them . Develop a policy now so it is easier to enforce later . Discuss what is expected of employees when they represent the company on social networks — and be specific . Include policies , procedures , and dos and don ’ ts so that employees know their expectations and responsibilities in their social media role . After your policy is developed , make sure it is distributed to all employees , and have employees sign a form verifying that they received and understood the policy . You may also consider requiring social media employee training to supplement this policy .
As with all employee policies , be sure to get competent legal advice on your social media policy before finalizing it . +
30 | FALL 2016