Social media employment law guide

What steps are suggested for practical protection on social media risks

  • Educate employees about the consequences of disclosing or misusing the company’s confidential information or intellectual property in the social media context.
  • An employee’s disclosure or misuse of confidential information or intellectual property could:
    • result in breach of the employment contract;
    • breach the terms of a confidentiality agreement between the company and a third party;
    • compromise intellectual property rights;
    • create embarrassment or confusion among employees or clients;
    • jeopardise legal privilege between the company and its in-house legal counsel

How can we prevent harassment and bullying via social media ?

  • Include references to social media in anti-harassment and anti-bullying policies and in any training offered to prevent workplace harassment.
  • Make sure the corporate response to harassment (sexual or otherwise) and bullying through social media is consistent with the response to harassment and bullying in other contexts.

In summary

Do:

  • Adopt a social media policy to encourage appropriate employee use of social media.
  • Use the policy to prohibit employees using social media in ways that could damage the company.
  • Provide training to employees on the appropriate use of social media, and monitor for compliance.

Do not:

  • Allow employees to disclose or misuse confidential or proprietary information.
  • Permit employees to use social media to harass colleagues.
  • Impose unnecessary restrictions on employee use of social media.
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