nick westergaard | branddrivendigital.com | 2015
BRAND DRIVEN digital
The Organizational
Impact of Social Media
How Social...
Conversation Reminder
@NickWestergaard
#UIMKTG
Beyond Social Media Marketing:
Organizational Impact
‣ Recap: Everyone’s a Marketer
‣ Legal + Social Media
‣ Human Resourc...
1
Everyone’s a Marketer
Photo via Flickr user Wayne Large
Everyone’s a Marketer
Photo via Flickr user zeuxis.pixelsurgery
The Biggest Obstacles to Internal
Social Media Adoption
‣ Time
‣ Talent
‣ Terror
HR, Legal, & IT
Photo via Flickr user Manuela
TRUST
time, talent, & terror are opportunities to build
Collaboration Is Key!
2
Legal + 

Social Media
Why Legal Needs in the Loop
on Social Media
‣ Copyright
‣ Contests
‣ Disclosures
‣ Defamation
Photo via Flickr user Horia Varlan
Copyright Highlights
‣ Protects Creative Work, Intellectual Property
‣ Individual — Life + 70 years public domain
‣ Corpor...
Blogger Beware
Safe Image Sources
‣ Stock Photos — iStock, Big Stock, stock.xchng
‣ Creative Commons — Watch Crediting
‣ Take Your Own!
‣...
Copyright Tips & Tricks
‣ Creative Commons is safest for blog pics
‣ Facebook myth — You still own what you post but by
po...
Copyright Your Work
‣ Example: Copyright Nick Westergaard 2014; 

or Copr. Nick Westergaard 2014; 

or © Nick Westergaard ...
Photo via Flickr user Dicemanic
Contests, Sweepstakes, 

& Giveaways
Quick Contest Tips
‣ Avoid lotteries (Illegal!) — Can’t require purchases for game of
chance. “No purchase necessary” (con...
Disclose Everything 

(Even Online)
Photo via Flickr user Steve Snodgrass
“
– kerry o’shea gorgone, attorney/marketingprofs
DISCLOSE A
RELATIONSHIP
anytime there’s a
connection that’s not
immediat...
The 4 Ps of Disclosure:
‣ Placement – Place disclosures near the claim they’re
qualifying.
‣ Proximity – Users shouldn’t h...
ADT’s Lack of Disclosure 

= Paid Endorsements to the FTC
FTC & ADT Home Security Fallout
‣ Prohibits ADT from misrepresenting that any discussion or demonstration of
a security or...
When In Doubt, Disclose
Defamation Definition
Photo via Flickr user eflon
5 Tests of Libel
‣ Defamation — Exposing someone to hatred?
‣ Publication — Was it broadcast?
‣ Identification — Was the p...
3 Defenses of Libel
‣ Truth — You can’t argue with it
‣ Privilege — Reporters can report things
‣ Fair Comment/Criticism —...
Horizon Group vs. Bonnen
‣ The Offending Tweet from Horizon Tenant Amanda
Bonnen: “You should just come anyway. Who said s...
3
Human Resources 

+ Social Media
Why HR Needs in the Loop
on Social Media
‣ Recruiting Talent
‣ Monitoring Impact Factors That Affect Hiring
‣ Monitoring T...
Social Recruiting
Photo via Flickr user betsyweber
Monitoring Impact
Factors
Photo via Flickr user spettacolopuro
Monitoring Competition
Photo via Flickr user psflannery
4
Your Employees

+ Social Media
Employees’ Opportunities
in a Social Organization
‣ Brand Ambassadors — Encourage a culture of
engagement
‣ Internal Colla...
“Regular Employees” Matter
Source: Edelman Trust Barometer (2014)
Fostering Social Collaboration
Employee Communication
5
Social Media 

Policy 101
Only 33%
of companies have a social media policy
Source: Grant Thornton
Nearly 25%
of companies with social media policies haven’t
updated them in 18 months!
Source: Grant Thornton
“Laws Are Lagging Behind
the Technology ...”
– Dara Quackenbush @dquack
Photo via Flickr user wwarby
National Labor Relations Act 

Is 80 Years Old But …
‣ Protects employees social updates about work (“My boss
is a jerk” =...
2000
RECENT

KEY RULINGS
2009
RAIN CITY CONTRACTORS
NLRB’s first move to protect
workers’ social media rights
— a construction contractor
reinstate...
2011
AMERICAN MEDICAL
RESPONSE —The first
Facebook firing. An employee
was fired for calling her
supervisor a “d#%k” and
“...
MARYLAND
Passes the first law protecting
employees’ social media
profiles and passwords 

— 25 other states follow suit;
f...
NLRB UPHOLDS FIRING of
car salesman for mocking an
accident at a neighboring car
dealer on Facebook. Ruling?
Employers can...
2013
NEW YORK CITY DEPT OF
EDUCATION —Appeals court
ruled the DOE couldn’t fire a
teacher who wrote on
Facebook that she h...
Common Policy Mistakes to Avoid
‣ Going “Too Broad” with Restrictions — Helps to
include examples of what is permissible.
...
Policy Should Include
‣ Philosophy & goals
‣ Transparency
‣ Common sense
‣ Confidential/proprietary guidelines
‣ Consequen...
Policy Tips & Tricks
‣ Social policy shouldn’t replace your code of conduct or
handbook
‣ Shouldn’t be a detailed dictiona...
Policy Tip — Add Phrase:
“Online & Offline ...”
Privileged Information vs.
Professional Advice
‣ Privileged — Hospital can’t respond to complaint about
bill on Facebook a...
Policy: “Be Smart”
Photo via Flickr user theritters
Policy Depends on
Business & Industry
Photo via Flickr user Cupcakes & Dreams
The Challenges Posed 

by Regulated Industries
‣ Examples – Financial Services, Pharmaceuticals, 

and Law
‣ What’s in a L...
Clear Enforcement
Photo via Flickr user Manu_H
6
In Conclusion
Final Thoughts
‣ Lead discussions with other departments — educate
both ways
‣ Empower your employees enterprise-wide
‣ No...
nick westergaard | branddrivendigital.com | 2015
BRAND DRIVEN digital
Questions?
blog: branddrivendigital.com
podcast: onb...
Organizational Impact of Social Media
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Organizational Impact of Social Media

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How Social Media Impacts Human Resources, Legal, and the Role of Policy and Enterprise Services

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Organizational Impact of Social Media

  1. 1. nick westergaard | branddrivendigital.com | 2015 BRAND DRIVEN digital The Organizational Impact of Social Media How Social Media Impacts Human Resources, Legal, and the Role of Policy and Enterprise Services
  2. 2. Conversation Reminder @NickWestergaard #UIMKTG
  3. 3. Beyond Social Media Marketing: Organizational Impact ‣ Recap: Everyone’s a Marketer ‣ Legal + Social Media ‣ Human Resources + Social Media ‣ Your Employees + Social Media ‣ Policy 101 ‣ Collaboration Tools for Enterprise Social Media
  4. 4. 1 Everyone’s a Marketer
  5. 5. Photo via Flickr user Wayne Large Everyone’s a Marketer
  6. 6. Photo via Flickr user zeuxis.pixelsurgery
  7. 7. The Biggest Obstacles to Internal Social Media Adoption ‣ Time ‣ Talent ‣ Terror
  8. 8. HR, Legal, & IT Photo via Flickr user Manuela
  9. 9. TRUST time, talent, & terror are opportunities to build
  10. 10. Collaboration Is Key!
  11. 11. 2 Legal + 
 Social Media
  12. 12. Why Legal Needs in the Loop on Social Media ‣ Copyright ‣ Contests ‣ Disclosures ‣ Defamation
  13. 13. Photo via Flickr user Horia Varlan
  14. 14. Copyright Highlights ‣ Protects Creative Work, Intellectual Property ‣ Individual — Life + 70 years public domain ‣ Corporations & “Work for Hire” — 95 years ‣ Fair Use — Excerpting creative work; no fair use if you use it for commercial purposes
  15. 15. Blogger Beware
  16. 16. Safe Image Sources ‣ Stock Photos — iStock, Big Stock, stock.xchng ‣ Creative Commons — Watch Crediting ‣ Take Your Own! ‣ NOT Google Image Search
  17. 17. Copyright Tips & Tricks ‣ Creative Commons is safest for blog pics ‣ Facebook myth — You still own what you post but by posting you give Facebook the right to use it commercially ‣ Always cite work and link back to source material ‣ Who owns content? The company NOT the employee
  18. 18. Copyright Your Work ‣ Example: Copyright Nick Westergaard 2014; 
 or Copr. Nick Westergaard 2014; 
 or © Nick Westergaard 2014. ‣ More information: http://www.copyright.gov/ ‣ The biggest benefit? Protection! You can sue if needed.
  19. 19. Photo via Flickr user Dicemanic Contests, Sweepstakes, 
 & Giveaways
  20. 20. Quick Contest Tips ‣ Avoid lotteries (Illegal!) — Can’t require purchases for game of chance. “No purchase necessary” (contact info only) protects you. ‣ Use contests based on skill rather than games of chance. Be clear on eligibility and state rules clearly. Explain clearly how winner will be chosen. ‣ Get release/consent from entrants up front to use winners’ names and likenesses for promotion ‣ If the retail value of the prize is $600 or more, the sponsor must send the winner an IRS 1099 form at the end of the tax year. Source: kerrygorgone.com
  21. 21. Disclose Everything 
 (Even Online) Photo via Flickr user Steve Snodgrass
  22. 22. “ – kerry o’shea gorgone, attorney/marketingprofs DISCLOSE A RELATIONSHIP anytime there’s a connection that’s not immediately apparent to the reader.”
  23. 23. The 4 Ps of Disclosure: ‣ Placement – Place disclosures near the claim they’re qualifying. ‣ Proximity – Users shouldn’t have to scroll or zoom to see disclosure. ‣ Prominence – Make it pop. ‣ Presentation Order – Make it “unavoidable” that consumers see disclosure before they can “Add to Shopping Cart.” Source: kerrygorgone.com
  24. 24. ADT’s Lack of Disclosure 
 = Paid Endorsements to the FTC
  25. 25. FTC & ADT Home Security Fallout ‣ Prohibits ADT from misrepresenting that any discussion or demonstration of a security or monitoring product or service is an independent review provided by an impartial expert; ‣ Requires ADT to clearly and prominently disclose, in connection with the advertising of a home security or monitoring product or service, a material connection, if one exists, between an endorser and the company; and ‣ Requires the company to promptly remove reviews and endorsements that have been misrepresented as independently provided by an impartial expert or that fail to disclose a material connection between ADT and an endorser. ‣ Each violation of this order could result in a $16,000 fine. Source: kerrygorgone.com
  26. 26. When In Doubt, Disclose
  27. 27. Defamation Definition Photo via Flickr user eflon
  28. 28. 5 Tests of Libel ‣ Defamation — Exposing someone to hatred? ‣ Publication — Was it broadcast? ‣ Identification — Was the person singled out? ‣ Negligence — If a public figure, you have to prove malice on the part of the defamer ‣ Damages — Will the person incur damages?
  29. 29. 3 Defenses of Libel ‣ Truth — You can’t argue with it ‣ Privilege — Reporters can report things ‣ Fair Comment/Criticism — “I have my right to my opinion”
  30. 30. Horizon Group vs. Bonnen ‣ The Offending Tweet from Horizon Tenant Amanda Bonnen: “You should just come anyway. Who said sleeping in a moldy apartment was bad for you. Horizon realty thinks it’s ok.” ‣ The Suit: Horizon Realty sues for $50,000 for alleged libel. ‣ The Decision: Judge dismissed the case for not meeting the test of libel
  31. 31. 3 Human Resources 
 + Social Media
  32. 32. Why HR Needs in the Loop on Social Media ‣ Recruiting Talent ‣ Monitoring Impact Factors That Affect Hiring ‣ Monitoring Talent & Competition ‣ Policy Creation
  33. 33. Social Recruiting Photo via Flickr user betsyweber
  34. 34. Monitoring Impact Factors Photo via Flickr user spettacolopuro
  35. 35. Monitoring Competition Photo via Flickr user psflannery
  36. 36. 4 Your Employees
 + Social Media
  37. 37. Employees’ Opportunities in a Social Organization ‣ Brand Ambassadors — Encourage a culture of engagement ‣ Internal Collaboration via social tools like Chatter and Yammer ‣ Fostered Through Sound Policy
  38. 38. “Regular Employees” Matter Source: Edelman Trust Barometer (2014)
  39. 39. Fostering Social Collaboration
  40. 40. Employee Communication
  41. 41. 5 Social Media 
 Policy 101
  42. 42. Only 33% of companies have a social media policy Source: Grant Thornton
  43. 43. Nearly 25% of companies with social media policies haven’t updated them in 18 months! Source: Grant Thornton
  44. 44. “Laws Are Lagging Behind the Technology ...” – Dara Quackenbush @dquack Photo via Flickr user wwarby
  45. 45. National Labor Relations Act 
 Is 80 Years Old But … ‣ Protects employees social updates about work (“My boss is a jerk” = protected) ‣ Used by the NLRB to rule on social policies at companies ‣ Workers fired have been reinstated and compensated for lost wages
  46. 46. 2000 RECENT
 KEY RULINGS
  47. 47. 2009 RAIN CITY CONTRACTORS NLRB’s first move to protect workers’ social media rights — a construction contractor reinstated workers fired for griping in a YouTube clip about unsafe work conditions. (NLRA lets workers talk about conditions)
  48. 48. 2011 AMERICAN MEDICAL RESPONSE —The first Facebook firing. An employee was fired for calling her supervisor a “d#%k” and “scumbag” on Facebook. AMR settled. YOU’RE FIRED!
  49. 49. MARYLAND Passes the first law protecting employees’ social media profiles and passwords 
 — 25 other states follow suit; federal law is in the works. 2012
  50. 50. NLRB UPHOLDS FIRING of car salesman for mocking an accident at a neighboring car dealer on Facebook. Ruling? Employers can discipline workers for this type of speech. 2012
  51. 51. 2013 NEW YORK CITY DEPT OF EDUCATION —Appeals court ruled the DOE couldn’t fire a teacher who wrote on Facebook that she hated her students, calling them “devil’s spawn.” Ruling? Post was intended for friends — considered “private venting” — lesser penalty.
  52. 52. Common Policy Mistakes to Avoid ‣ Going “Too Broad” with Restrictions — Helps to include examples of what is permissible. ‣ Muting Whistleblowers — Your employees can talk to the media and federal agencies; don’t need manager’s approval, etc. ‣ Friending Subordinates — Rise in cases from employees’ noting a boss taking action after seeing/ reacting to a social update.
  53. 53. Policy Should Include ‣ Philosophy & goals ‣ Transparency ‣ Common sense ‣ Confidential/proprietary guidelines ‣ Consequences ‣ Escalation rules ‣ Expectations during/outside work hours ‣ Examples/best practices
  54. 54. Policy Tips & Tricks ‣ Social policy shouldn’t replace your code of conduct or handbook ‣ Shouldn’t be a detailed dictionary for use of every social network on the planet — Hit the high points ‣ Be prescriptive — Again, examples! ‣ Outline consequences & who’s responsible
  55. 55. Policy Tip — Add Phrase: “Online & Offline ...”
  56. 56. Privileged Information vs. Professional Advice ‣ Privileged — Hospital can’t respond to complaint about bill on Facebook as doing so acknowledges they were a patient ‣ Professional — Accountant can’t dispense financial advice in response to someone’s problems on Twitter
  57. 57. Policy: “Be Smart” Photo via Flickr user theritters
  58. 58. Policy Depends on Business & Industry Photo via Flickr user Cupcakes & Dreams
  59. 59. The Challenges Posed 
 by Regulated Industries ‣ Examples – Financial Services, Pharmaceuticals, 
 and Law ‣ What’s in a Like? Many financial firms view ‘likes’ as endorsements of specific financial products. ‣ Adverse Effects — Pharma can’t tweet about their product and the disease it helps without carrying the lengthy disclaimer on possible side effects. ‣ Digital or Die. Many are evolving. Slowly.
  60. 60. Clear Enforcement Photo via Flickr user Manu_H
  61. 61. 6 In Conclusion
  62. 62. Final Thoughts ‣ Lead discussions with other departments — educate both ways ‣ Empower your employees enterprise-wide ‣ No BS: Trust everyone, but have a policy that deals with those who cannot or do not comply
  63. 63. nick westergaard | branddrivendigital.com | 2015 BRAND DRIVEN digital Questions? blog: branddrivendigital.com podcast: onbrandpodcast.com
 twitter: @nickwestergaard
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