Social Media: Embracing the Opportunities, Averting the Risks Webinar Presentation

Embracing the Opportunities, Averting the Risks. Russell Herder © RUSSELL HERDER & ETHOS BUSINESS LAW

Russell Herder

Social media use is growing…quickly U.S. Internet Users Who Visit Social Networking Sites Q2 2008 27% Q2 2009 43% Source: TNS and The Conference Board, June 2009

Perceived Value of Social Media Enhance relationships with 81% customers/clients Build company brand 81% Recruitment tool l 69% Customer service 64% Enhance employee morale 46% 0% 20% 40% 60% 80% 100% Multiple responses allowed Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009

Social Media Vehicles Being Used Facebook 80% Twitter 66% YouTube 55% LinkedIn 49% Blogs 43% Wikipedia 24% Flickr 16% Yammer 11% MySpace 8% Delicious 7% Digg 3% Second Life 1% Other 9% 0% 20% 40% 60% 80% Multiple M lti l responses allowed ll d Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009

Projected Use of Social Media (Over Next Year) Decrease, 2% Maintain, 25% Increase, 73% Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009

Key Reasons Management y g Uses Social Media 1. To read what customers may be saying 2. To monitor a competitor 3. To see what employees may be sharing Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009

81% believe social media poses a corporate security risk Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009

If You’re Not Using Social Media, g , Why? Don’t know enough about it 51% Confidentiality/security issues 40% Concerned about employee productivity C d b t l d ti it 37% No need for it 7% 0% 20% 40% 60% Multiple responses allowed Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009

4 in 10 block social media access Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009

Incidents are increasing 17% disciplined an employee for violating blog or message board policies 15% have disciplined an employee for violating multimedia sharing/posting policies 13% of U.S. companies investigated an exposure event involving mobile or Web- based short message services (Twitter)

What were you thinking? 53% of employees say their social networking pages are none of their employers’ business 61% say that they won’t change what they’re doing online 27% don’t consider the ethical consequences of posting comments, photos, or videos online Source: Deloitte LLP, Ethics & Workplace Survey, 2009

Legal Issues That Can Arise from Social Media Use

Defamation A false statement that injures someone's reputation and exposes him to public contempt, hatred, ridicule or condemnation

Anonymous Blogging – Paris Regional Medical Center, TX

The FedEx fiasco

Employment claims Harassment Discrimination Hostile work environment And more…

Confidentiality and corporate security Client or patient information Other employees’ privacy Intellectual property

And more… Business disputes Fraud F d Criminal liability

Companies Having a Employee Training Conducted Written Social Media Policy on Social Media Yes, 10% Yes, 31% No, 69% No, 90% Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009

Key Elements in a Social Media Policy

Establish a position Define the company’s philosophy on social media Mirror the culture

Mayo Clinic “The main thing Mayo employees need to remember about blogs and social networking sites i that the same b i ki i is h h basic policies apply in these spaces as in other areas of their lives ” lives.

RightNow “All of us at RightNow are working to rid the All world of bad experiences. Contributing to online communities by blogging, wiki posting, participating in forums, etc., is a good way to extend our mission. We believe participation in i online discourse through th social web li di th h the i l b can empower us as global professionals, innovators and citizens ” citizens.

U.S. Coast Guard “Becoming a more agile and change-centric Becoming change centric organization requires that we understand and interact through social media... The governmental and public affairs directorate will coordinate our organizational engagement in the social media environment with interim policy, guidance, tools and processes. processes ”

Require transparency Ask employees to be… • Open • Honest • Respectful Tell h T ll them to diff differentiate their personal id i h i l identity from their b i i f h i business identity

Safeguard confidential and propriety information Especially since social media can be less formal, there is increased risk for inadvertent disclosure Reinforce your confidentiality policies and explain how to apply them to the social media environment

Avoid conflicts of interest Define how to identify potential f h d f l conflicts of interest, what types are prohibited and who to talk to when in doubt

When in doubt, spell it out Employees should make it clear that their views about work-related matters do not represent the views of their employer or any other person Encourage a disclaimer when confusion could exist, such as: “The views expressed on this blog are mine alone and do not represent the views of my employer or any other person ” person.

Make sure to address the basics Non-discrimination Harassment Monitoring rights Disciplinary guidelines Di i li id li

One-size-fits-all? Organizations – and social media policies – differ depending upon… • Levels of desired social media participation • Culture and degree of “acceptable” behavior • Methods of conflict resolution • Opinions on the overall value of social media

Be sure to… Look inside first Engage appropriate resources

Remember, social media is about… New technology New generation New norms

Should you monitor employee social media use? Depends on company culture Always reserve the right Monitor if facts and circumstances warrant

How do you get top management on board? Stick: Lawsuit examples and potential litigation Carrot: Brand awareness, marketing and customer awareness

Strategies for management engagement Competitive review Executive briefings Adoption of policies to guide employee behavior Organization-wide employee training

Are you liable “off the clock”? No such thing anymore as “work hours” Can be liable at any time, in any place

When something does happen… First, look to policies and procedures Second, consult appropriate professionals (e.g., HR, legal, account management) Use as a learning opportunity

How do you control “social not-working”? Management! Turn use into productive use With growing number of p , Millennials in the workplace, remember that social media is often a replacement for e-mail

How do you shape behavior? Consider generational gap Be open to opportunity Training, training, training

An effective training plan should… Be grounded in the company’s values and ethics Reach every employee in the company Be an interactive educational opportunity Be ongoing

Does the value of social media outweigh the risks? Opportunity to connect with O t it t t ith customers/patients/clients Platform for customer service Opportunity to engage employees Excellent vehicle for crisis communications

QUESTIONS?

www.russellherder.com/SocialMediaResearch www russellherder com/SocialMediaResearch Russell H d R ll Herder 612.455.2360 612.767.3311

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Social Media: Embracing the Opportunities, Averting the Risks Webinar Presentation

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Social Media: Embracing the Opportunities, Averting the Risks Webinar Presentation Presentation Transcript