IT Policies to regulate Information Technology in the Workplace

Businesses have generally been well advised to have in place at least some form of information technology policy since the personal computer replaced pens, notepads and manuscript. The prevalence and ease of communications by email, then the popularity of social media coupled with the smartphone explosion in particular, have taken this challenge to an entirely new ballpark of importance.

Social media has always differed from other media insofar as it is a spontaneous form of communication, and is well known to consume a significant and important part of many peoples’ lives. Furthermore, social media platforms enable anyone with a mobile device to reach thousands of people in seconds. Although many organisations shied away from it in its early days, far more have now adopted social media as a form of corporate communication, and for good reason.

Most businesses are wired up and connected to the internet, and even if they aren’t their employees are, with about 92% penetration of mobile devices in the UK population. Whether organisations use online connectivity  for corporate purposes or not, most employees are users of at least one form of social media both inside and outside the workplace, whether it is LinkedIn, Twitter, Facebook or Snapchat. Since publishing and communicating messages to the internet via social media channels generally leaves an indelible digital imprint, organisations should develop and enforce robust internal policies to manage it, or at least have some legal basis for recourse if it is misused in the corporate environment.

Employee IT Policies and Social Media Policies

Generally, employers should develop clear IT policies which encourage compliance by all employees with the least amount of disturbance to business activities. Social media policies should be made effective with training, monitoring and enforcement in order to reduce the risk of complaints and to quickly resolve any prospective disputes. Rather than being a burden, training programmes are able to be established by readily accessible online videos tailored for the business using software such as Camtasia. Use technology to slay the technology beast.

Consultation with employees regarding the substance of any IT policy or social media policy will usually prepare them for the reasons for the implementation of the policy and how their own livelihoods are protected by adhering to the policy. If a social media policy involves monitoring of all social media activities in the workplace, this should be emphasised.

In addition, IT policies would be well placed to make clear what is and what is not acceptable behaviour in communications with fellow employees. Although it may be impractical to maintain rigid or lengthy policies (and most cases they do not need to be), there is no reason why guidance may extend to communications with colleagues outside of work. Particular types of communication should be subject to blanket bans such as bullying, sexism and racism.

One area in which social media has been very useful to businesses is that of recruitment. However, although the screening of job candidates’ social networking pages may facilitate effective recruitment, it is also the case that such a practice may be viewed to be unfair and even discriminatory.

Wider Legal Issues

If social media is used for corporate communication with customers or other stakeholders, then more detailed guidelines are likely to be required. Businesses should be alive to potential issues ranging from defamation, to copyright infringement, commercial disclosure, and regulatory issues. For example, the Financial Conduct Authority in the UK has issued guidelines on the use of social media for regulated businesses making financial promotions and the SEC in the US allows social media outlets to be used for announcements by listed companies if certain conditions are met.

In addition to the issues touched on above there are a number of legal hotspots that information technology policies and social media policies must take into account. Privacy and data protection under the Data Protection Act 1998 are the driving force behind a growing tidal wave of litigation, and more legislation is to come with the rise of big data. Related to that is the issue of ownership of social media accounts used within the business. For example personal accounts, as opposed to corporate accounts, can be used both socially and professionally leaving the question of who the contacts and other data belong to.

Comment

Due to rapid development in the complex web of legislative and regulatory provisions that affect information technology law and social media law, it is essential that IT and social media policies are expertly designed and drafted to work for a specific business.

Our London based IT solicitors assist businesses shore up the environment in which technology is used, by advising on appropriate policies to guide employees on what are and what are not acceptable practices in social media. For specialist advice on drafting, implementing or enforcing information technology and social media policies in the workplace contact our IT solicitors.