Legal Considerations :10 things you should know about social media(and never dared to ask)Hans Rudolf Trüeb,              ...
Overview      • Recruiting Issues      • Employee Use („social not-working“)      • UGC and Copyrights      • Trademarks a...
Recruiting Phase      • Electronic Employee Screening           Public available sources:           Interview rules apply ...
Use of Social Media by Employees      • What is at risk?       20 Minuten Online, 10 July 2011      • Which restrictions a...
Social Media Guidelines - Rules of engagement      • Policy aligned with company goals and values      • Differentiate bet...
UGC and Copyrights      • Protecting copyright in times of social media: Re-arranging the deck        chairs of the Titani...
Vanity URL: SocialRealtor CaseHRT
Data Protection responsibilities      • Data privacy statements vs. regulatory standards and legal requirements           ...
Informed Consent (Art. 4 para. 5 Data protection act)  • Example: Google +1 Privacy Policy      “Google processes personal...
Responsibility                User            User      User     User       User   Public                              Pla...
Which remedies and jurisdiction?      • Notice and take-down procedures require subscription      • Terms of Use often con...
Libel: The Case for an Online Reputation ManagerHRT
Conclusion      • New media, no shortage of questions (w/o sufficient answers)      • Technology develops faster than the ...
Upcoming SlideShare
Loading in …5
×

Deloitte Social Media Analytics Event: Social Media legal considerations

358 views
300 views

Published on

Presentation from Deloitte Switzerland's Social Media Analytics event

Published in: Technology, Business
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
358
On SlideShare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
0
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Deloitte Social Media Analytics Event: Social Media legal considerations

  1. 1. Legal Considerations :10 things you should know about social media(and never dared to ask)Hans Rudolf Trüeb, Andreas KnijpengaPartner, Walder Wyss Ltd. Senior Manager, DeloitteProf. Dr. iur., LL.M. Attorney-at-Law, M.B.L.-HSGTel (direct) +41 44 498 95 69 Tel (direct) +41 (0)44 421 61 19hansrudolf.trueb@walderwyss.com aknijpenga@deloitte.ch
  2. 2. Overview • Recruiting Issues • Employee Use („social not-working“) • UGC and Copyrights • Trademarks and Trade Names • Libel • Data Protection • Informed Consent • Provider responsibility • Which remedies? • Which jurisdiction?HRT
  3. 3. Recruiting Phase • Electronic Employee Screening Public available sources: Interview rules apply to social media (Art. 328b OR) Right to know vs. Right to lie Discrimination? • Privacy Issues Reasonable expectation of privacy Prior consent vs. security considerations Verification of public available information? • Enforcement of screening restrictions?AKN
  4. 4. Use of Social Media by Employees • What is at risk? 20 Minuten Online, 10 July 2011 • Which restrictions are allowed? • Which are wise? • SanctionsAKN
  5. 5. Social Media Guidelines - Rules of engagement • Policy aligned with company goals and values • Differentiate between business and private activities • Leverage social media in a workplace environment Social media engagement training (Compliance) Avoid social „not“-working Protect company equipment and company secrets Avoid misuse (data privacy breaches, libel / diffamation, etc.) IP infringements Inform users of monitoring and analytical activities (control & governance) • Important risk mitigation measure • Social media contact person • Approval by employee counselor?AKN
  6. 6. UGC and Copyrights • Protecting copyright in times of social media: Re-arranging the deck chairs of the Titanic? • User Generated Content (UCG): all that glitters is not gold • When creating corporate pages in social media, beware of: ‒ Authors‘ rights ‒ Performing artists‘ rights ‒ Publishers‘ rights ‒ Collecting societies‘ rights • Facebook License: „For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License).“HRT
  7. 7. Vanity URL: SocialRealtor CaseHRT
  8. 8. Data Protection responsibilities • Data privacy statements vs. regulatory standards and legal requirements Information of data subjects For limited and specific purposes Third party recipients transparency Justified by consent, overriding private or public interests or based on legal provision • New data protection challenges for website owners? Data export / Data leakage prevention Facebook „Like“ Button: Google +1 Button: Google Analytics “The Google Analytics Opt-out Browser Add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that information about the website visit should not be sent to Google Analytics. If you want to opt-out, download and install the add- on for your current web browser.”AKN
  9. 9. Informed Consent (Art. 4 para. 5 Data protection act) • Example: Google +1 Privacy Policy “Google processes personal information in the United States of America and in other countries. In some cases, outside your own country. Google only shares personal information with others... if we have your consent. We require opt-in consent for the sharing of any sensitive personal information.” “Your use of the +1 button may appear to others as an annotation with your profile name and photo in Google services or elsewhere on websites and ads on the Internet.” “We may share aggregate statistics related to users’ +1 activity with the public, our users, and partners, such as publishers, advertisers, or connected sites. For example, we may tell a publisher that “10% of the people who +1’d this page are in Tacoma, Washington.” “Also, be aware that when you share something through Google+, anyone who received it may share it with others.” • Validity of consent so given Free choice or forced consent? User‘s reasonable expectation of privacy (public/CUG) Will Swiss courts rely on social media policies and employee handbooks?AKN
  10. 10. Responsibility User User User User User Public Platform Rights Enforce- Owners ment Hosting Provider Operator AdvertiserHRT
  11. 11. Which remedies and jurisdiction? • Notice and take-down procedures require subscription • Terms of Use often contain exclusive jurisdiction clause „You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Facebook exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.“ • Basle libel case (facebook) • Other remedies Cease and desist order Damages Criminal sanctions • Law in the books and law in actionHRT
  12. 12. Libel: The Case for an Online Reputation ManagerHRT
  13. 13. Conclusion • New media, no shortage of questions (w/o sufficient answers) • Technology develops faster than the law • Substantial commercial interests • But: No immediate need to regulate social media • Companies to develop forward-looking social media strategy on HR issues Data protection Libel & harassment IP infringements Negligent infringements • Instruments Social media terms of engagements User awareness and training privacy statements Enforcement of personal privacy rights?AKN

×