In my previous blog post, I discussed some of the major benefits and
value levers of implementing Enterprise 2.0 tools in Starbucks. Recently, companies realized that they must use social technologies to
cope with the digital era and improve their performance which will eventually
increase their profits. However, several concerns have arisen regarding the misuse
of social media that should be taken into consideration before implementing
Enterprise 2.0 tools.
Firstly, to make things much easier, let’s talk about these legal risks
within a context. Every company provides a customer with products or services.
Therefore, I am going to examine InfoLawGroup as an example of potential legal risks in social technologies.
InfoLawGroup, which was established in October 2009, provides a wide range
of legal services focused on information technology, privacy, data security, advertising
and promotions, consumer protection matters, e-commerce and intellectual
property.
Secondly, InfoLawGroup lawyers enable the firm to offer
clients greatly increased efficiency in providing legal services. They have
successfully served a diverse range of clients: from large Fortune 500
multinationals to small start-ups, ad agencies and technology service
providers. InfoLawGroup currently using Facebook, Twitter, LinkedIn and one of the Founding Partners
of InfoLawGroup LLP claimed that “Facebookers and other social networkers often end up
sharing a large amount of personal and professional information over time with friends”.
Being a heavy user of social media, there are hundreds of legal concerns that
must pay attention to it. In this post, I would like to discuss three big legal
risks in the InfoLawGroup:
Information Security Legal Risk
There
are two main legal risks of security-related issues. To begin with, employees
are accessing social media from company computers, or from their personal
computers connected to company networks, malware and phishing. However, social engineering
attacks could result in security breaches and legal liability. Secondly, potential
confidential information leakage could
result in an adverse business and legal impact when information is comprised by
a third party.
Disparagement and Defamation
Social
media environments provide a forum for defamatory statements to be made about
individuals, and companies’ products and services. Employees may post
comments that may not be fully accurate or true about an individual or a
competitor’s products or services. This could lead to a potential lawsuit
and liability. Furthermore, social media sites that allow comments may
also involve such statements made by third parties over which the organization
has no control.
Privacy
Social
media provides a platform for an interactive communications between companies
and their customers. In turn, companies seek to use this knowledge to sell
their products and services back to these customers. Social media
platforms enable gathering of information, including sensitive personal
information, in ways that were unimaginable few years ago. Companies
leveraging social media can gain access to this personal information which eventually
raises privacy concerns that could increase
legal risks.
How to address these Risks?
So how do companies mitigate social media legal risks? Social media experts
advise organizations to create a social media policy (SMP) for their employees
that clearly states guidelines and monitor what said about the organization and
the business. Using Social Media Policy is one of the best ways to mitigate the
legal risks as it is a useful way to
set some ground rules for employees with regard to their online activities. It's also a reminder that the content that they post may not belong to them
and may ultimately affect the organization negatively.
Here are some of the key elements and issues that should be addressed and identified for dealing with these risks:
- Loss of confidential information;
- Defamation;
- False statements or misleading and deceptive conduct;
- Reputation risk;
Additionally, as Malcolm Burrows demanded that, “Organisations should also ensure that those staff that are involved in social media in an official capacity are aware of the legal risks of participation so that they can respond appropriately when the time comes”. I feel that these risks can be appropriately managed through understanding, monitoring, and providing the guidance necessary to maximize its benefits to the organization by a strong enforcement of the social media policy.
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