The use of social media in the workplace is rapidly transforming how we go about business. In this day and age of social media, many organisations encourage their employees to set up social media accounts with personal elements built in. Particularly for those employees who work in recruiting, marketing or PR, this can be part of their job to build up a presence on Twitter or Facebook or develop their LinkedIn contacts.
Over a period of time these contacts build up and great effort has been invested by the employee. These accounts can be full of clients and leads and therefore a valuable business asset. However, mixed in are also personal connections. Traditionally keeping your professional life separate to your personal one was relatively easy. These days the blurring of the professional and personal space in social media is an issue that is not well understood.
The combination of business and personal often collides in the social space, creating a minefield of potential problems.
One of the common conversations that clients have with me is about how they are friends with some of their colleagues on Facebook. Although they may have accepted the request initially without thinking, as a Manager they are uncomfortable at seeing that some clients are also in the mix and the conversations that are occurring.
Although there is a lot of focus on Facebook and Twitter for businesses and this can and does cause problems, in the long run LinkedIn is the platform which may give businesses the biggest headache.
As the social media platform which is being embraced by professionals, LinkedIn is the platform which with its professional networking aspect provides the biggest impact for business in terms of intellectual property, business contacts, databases and business interests generally.
One of the main differences with LinkedIn is that ownership of the account is usually the personal individual account of the employee. This presents a variety of challenges particularly when the employee leaves the organisation.
When an organisation attempts to assert ownership rights believing that since the employee was paid to build up their contacts, they belong to the organisation, legal problems may arise.
Ownership may not be so clear cut and can depend on a number of things.
It is definitely an evolving legal issue around the world particularly around LinkedIn. In the UK in Whitmar Publications Limited v Gamage & Ors [2013] EWHC 1881 it is believed to be the UK’s first legal challenge by a company to an ex-employees right to use its LinkedIn contacts that went in favour of the employer. In Australia a 2013 decision by the Fair Work Commission (FWC) in Bradford Pedley v IPMS Pty Ltd T/A peckvonhartel [2013] FWC 4282, the FWC upheld an architecture company’s decision to dismiss an employee after it was discovered that he had attempted to solicit his employer’s clients through LinkedIn in an attempt to develop his own business.
These are only two examples of the many issues that are evolving.
So with rapid growth of technology and the developing legal position what can employers do? With court action being traditionally slow it is up to organisations to be proactive and to protect their business.
These are some questions for employers to think about:
- What happens to these accounts or contacts when the employee moves on and changes jobs?
- Can an employee take their contacts with them and presumably use them?
- Are the contacts owned by the employer and does it form part of its confidential information?
- Is the employee able to promote the fact they are now working for a competitor?
Without adequate safeguards these issues may cause significant detrimental damage to any business. However, this damage can be mitigated with some well thought out strategies.
Some things businesses need to consider:
- Develop social media policies relevant to your industry, culture and values
- Address any issues with new employees on the commencement of their employment
- Training and education of staff about social media is essential
- Set up accounts that belong to the role rather than the individual
- Work as a team as this will provide the best outcomes
Employers need to deal with the implications of a complex digital footprint to manage risks to their business. Those who choose to see social media as negative and therefore not engage with it will have unhelpful outcomes in the long run. All business activities have positive and negative elements and social media is no different. There are no simple answers; however, business can be realistic.
The law in this area is still grey and with the blurring of the lines between personal and professional contacts these issues will only increase. Without a well thought out Social Media Policy which addresses ownership issues among other things, organisations leave themselves exposed to potential legal ramifications.
This is a chapter taken from the best selling social media business book, Social Media Marketing. Published by Mithra Publishing and available from Amazon.
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