Employers need to regulate work-related ‘instant messaging’ by employees to avoid legal problems

Employers whose staff use instant messaging (IM) systems such as WhatsApp for work purposes should take steps to ensure their staff aren’t inadvertently exposing them to legal liabilities under a variety of different laws.

IM systems allow users to communicate with each other in real time by exchanging messages online. As well as WhatsApp, IM systems include Viber, Skype, Facebook messages, Google Chat and many others. IM can be a quick, efficient and cheap way for staff to communicate with each other, and with third parties, on a whole variety of work-related matters, but it does create potential legal liabilities for the employer.

Some of the questions for employers include how they can:

 

1. Ensure the devices staff are using for IM – often their own, personal mobile phones or tablets – can’t be hacked by, for example, competitors, to obtain confidential information.
2. Ensure the devices being used are protected by appropriate software, to reduce the risk of viruses or malware affecting the company’s operations.
3. Show they are complying with data protection laws if personal data is being processed and stored across these IM systems.
4. Ensure staff, if they are using the same IM systems for both business and personal use, differentiate between them in order to avoid inadvertent breaches of employment law when using them for business purposes – for example, discrimination, harassment or victimisation laws.
5. Lawfully insist on monitoring/accessing IM systems to get evidence to use in, for example, disciplinary and grievance proceedings, or to satisfy a Subject Access Request from an individual asking to see the personal information the employer holds on them, given under data protection law.

So if you’re going to allow your staff to use IM – and it can be a real benefit to your business if used in the right way – you should make sure you deal with security, data protection, storage and access, employment law and other issues in your induction, training and, particularly, in your formal policies, making sure that the rules and guidelines are clear, and that staff are aware of the consequences of breaching them.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*

Employers need to regulate work-related ‘instant messaging’ by employees to avoid legal problems

Employers whose staff use instant messaging (IM) systems such as WhatsApp for work purposes should take steps to ensure their staff aren’t inadvertently exposing them to legal liabilities under a variety of different laws.

IM systems allow users to communicate with each other in real time by exchanging messages online. As well as WhatsApp, IM systems include Viber, Skype, Facebook messages, Google Chat and many others. IM can be a quick, efficient and cheap way for staff to communicate with each other, and with third parties, on a whole variety of work-related matters, but it does create potential legal liabilities for the employer.

Some of the questions for employers include how they can:

• Ensure the devices staff are using for IM – often their own, personal mobile phones or tablets – can’t be hacked by, for example, competitors, to obtain confidential information.
• Ensure the devices being used are protected by appropriate software, to reduce the risk of viruses or malware affecting the company’s operations.
• Show they are complying with data protection laws if personal data is being processed and stored across these IM systems.
• Ensure staff, if they are using the same IM systems for both business and personal use, differentiate between them in order to avoid inadvertent breaches of employment law when using them for business purposes – for example, discrimination, harassment or victimisation laws.
• Lawfully insist on monitoring/accessing IM systems to get evidence to use in, for example, disciplinary and grievance proceedings, or to satisfy a Subject Access Request from an individual asking to see the personal information the employer holds on them, given under data protection law.

So if you’re going to allow your staff to use IM – and it can be a real benefit to your business if used in the right way – you should make sure you deal with security, data protection, storage and access, employment law and other issues in your induction, training and, particularly, in your formal policies, making sure that the rules and guidelines are clear, and that staff are aware of the consequences of breaching them.

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.