Human Resources: Social Media Risk Management Deborah Gonzalez, Esq.www.law2sm.comMarch 16, 2017

Legal Disclaimer

Information provided in this session is for general educational purposes and should not be construed as legal advice. It is recommended that you seek legal counsel licensed in your

jurisdiction for handling of specific legal matters.

Deborah Gonzalez, Esq.@law2sm

• Licensed Attorney

• Founder Law2sm, LLC

• Focus: IP, Social Media, Digital & Technology Law

• Author, Managing Online Risk: Apps, Mobile & Social Media Security & Online Security for the Business Traveler

• Co-Developer: Digital Risk Assessment™

Just What “IS” Social Media (According to the FFIEC)?

According to the FFICE, it is (but not limited to) micro-blogging sites (e.g. Facebook, Google

Plus, MySpace, and Twitter); forums, blogs, customer review web sites and

bulletin boards (e.g. Yelp); photo and video sites (e.g. Flickr and YouTube); sites that enable professional networking (e.g.

LinkedIn); virtual worlds (e.g. Second Life); and social games (e.g. FarmVille and CityVille)

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Social Media Legal Concerns

Marketing

Privacy

Publicity

Promotions

Free Speech

Employment/HR

Recruitment

NLRB

Ownership of Accounts

Mobile/BYOD

Regulatory

ComplianceFinance, Insurance,

Medical, Pharma, Legal, etc.

Professional Association white

papers, guidelines, rules

Alphabet Soup: FTC, FFIEC, SEC, etc.

Disclosure, documentation, etc.

Opportunities Less Costly, More Efficient (targeted) Marketing Tool Customer Communication Tool

Our customers are online Interaction can build Trust and Engagement Engagement = Conversion

Employee Communication Tool Talent Recruitment Tool Employment Cycle

Actionable Intelligence For business strategy/aligning business goals

Risks Reputation Risk, Brand Damage, and Brand Identity Theft Confidential Business Information Privacy and Use of Customer Information Disparaging Comments, Defamation, Harassment and

Intentional Infliction of Emotional Harm Compliance w/Applicable Laws, Regulations Social Platforms Terms of Use Third-Party Risk Operational Risk

Consequences

Lawsuits (Court Costs & Attorney Fees) Regulatory Investigations/Audits Penalties and Enforcement Actions Irreparable Damage to Customer Goodwill Loss of Customers to Competitors Loss of “Talent” to Competitors

Social Media Policy: What?

A social media policy outlines how employees (and faculty, students, etc.) should use social media whether on behalf of the Institution or even on personal accounts.

The National Labor Relations Board (NLRB) has a lot to say about whether certain clauses in these policies are valid or violate the National Labor Relations Act.

Social Media Policy: Facts Social Media policies are part of an over-all

strategy that includes ongoing communication and training.

Social Media policies relate to other policies such as email, communication, privacy, confidentiality, technology use, ethical code of conduct, etc.

Social Media policies must match the culture and operating characteristics of the institution.

Social Media Policy: The 5 C’s Control Connections Content Confidentiality Coherence

Bloomberg BNA, www.kelleydrye.com

Social Media Policy: Components Identify benefits of social media Address the risks of social media Designate contact person(s) for people to consult with in

regards to this policy (name, title, contact info including telephone, email and/or other communications contact)

Describe the institution’s expectations, the fact that individuals are going to be responsible for their online activities

Acknowledge that there are risks referring to the college’s name in social media (opinions of individual vs opinions of institution)

Social Media Policy: Components Refer to company’s computer usage policy (and

other related policies) Requirement of protection of employee privacy Address rules on advertising and disclosure. Outline the potential for conflict of interest/risks

Social Media Policy: Components Company reserves the right to take

disciplinary action against who violates – and must outline what those actions may be

Does the policy state that the company reserves the right to monitor use of social media by the individual while the individual is using company equipment?

Social Media account ownership issues, BYOD?

Social Media Policy: Lessons Learned Do not be overbroad with your prohibitions:

employees have the right to discuss about their terms and conditions of employment, including: to discuss their supervisor’s performance, to complain about their supervisor, to criticize their supervisor and to protest their supervisor’s actions.

Employees have the right to discuss these things with co-workers AND third-parties.

Social Media Policy: Lessons Learned

Give examples of confidential information, trade secrets, etc.

Give examples of what behavior is considered violations of the policy.

Employers can put limits on postings that appear or would appear to be on behalf of the employer.

Social Media Policy: Lessons Learned

Do not rely on catch-all legalese clauses. Do not use overbroad or vague terms such

as: defamation, disparagement, or inappropriate.

Do not require employees to report violations of the policy.

Risk of EA Video

18https://www.youtube.com/watch?v=N_olBU9fQZo

What are we talking about?

“Employee advocacy” is a term used to describe the exposure that

employees generate for brands using their own online assets.

~ Linkhumans.com

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What are we talking about?

Way to connect with clients and prospects in new ways by leveraging

employees and technology.~ Bart Casabona

Director of Social Media, Pitney Bowes

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Benefits of ESAP1. Powerful tool to improve Company’s visibility and

credibility Can increase the company’s reach up to 10x more than just

its official corp. social channels Builds trust with your client base

2. Can improve relations between Company and employees Employees become more engaged and feel there is more

communication happening

3. Save costs in terms of marketing dollars and ROI4. Helps in recruiting and employee retention5. Generates sales

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ESAP ProcessApproval/Support

Audit/Assess

Design/Develop

Promote/Train

Manage Communit

y

Evaluate the Data

Revise as Necessary

Celebrate

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Employee Social Advocacy

Can employees identify themselves as an employee of Cobb EMC? – What is the policy?

What about a disclaimer – posts are their opinions and not that of their employers?

Use of Employee Photos On SM

Consent from the employee at the start That photos and videos may be taken during

business hours, at company-related events, and at events where the employee is representing the company.

That these photos and videos may be used in marketing and advertising including on the company’s website, company’s social media platforms, etc.

Can they opt out or is it part of their employment terms?

Use of Company Event-Related Photos

Signage for the Public about photos and videos being taken and what they will be used for. Specifically should mention social media platforms

such as Facebook, etc. Language can be included on a registration form

(printed and online) but the notice must be conspicuous – not hidden.

Be especially careful with photos and videos of minor children – you must have parental consent.

Laws Relevant to Social Media (State) Social Media Privacy Legislation State-by-state Report 2015

http://www.seyfarth.com/uploads/sitefiles/practices/131317socialmediasurveym13.pdf

National Conference of state Legislatures (NCSL) Access to Social Media Profiles & Passwords State by State Listings http://www.ncsl.org/research/telecommunications-and-information-

technology/employer-access-to-social-media-passwords-2013.aspx

NCSL State Laws on Social Media Privacy http://www.ncsl.org/research/telecommunications-and-information-

technology/state-laws-prohibiting-access-to-social-media-usernames-and-passwords.aspx

Bloomberg BNA Social Media Law & Policy Report http://www.bna.com/social-media-law-p12884909455/

Q&A

Thank You & Contact Info

Deborah Gonzalez, Esq.deborah@law2sm.com

770-www.law2sm.com

www.digitalrcp.com Twitter: @law2sm

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