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Social media
Social media

Legal and business challenges
“A powerful global conversation has
begun. Through the Internet, people
 are discovering and inventing new
 ways to share ...
The Web has changed
Its about being
  social ...
...
    in
         th
           e
               dig
                     ita
                        la
               ...
... and increasingly in
       realtime.
The social Web is not just
 about being shiny happy
         people ...
Your customers are having
 conversations about you




                            Are you even
                          ...
customers have
new tools and a
 longer reach
customers have
new tools and a
 longer reach
... and so on ...




the network effect in social media
You
suck!
        ?!
Social media =
  expression
Freedom of
expression can be
    liberating
Do you have control over the conversation?
09-f9-11-02-9d-74-e3-5b-d8-41-56-
          c5-63-56-88-c0




      http://bit.ly/diggcodestory
Getting the
community involved
... it can be a gamble ...
You might also be amazed ...
Are your employees using ...
Are your employees using ...
You have to
                   understand social
                        media




Sensitive information
  being disclosed?
New(ish) buzzwords

brandsquatting

            Cybersquatting
            (domain names)

                         typosq...
Manage your content
 licensing process
The problem is that © ≠
        sharing
There are a couple options
Existing law
Bill of Rights (Chapter
32)

Consumer Protection
Act

PAIA

ECT Act

RICA
“POPIA”
Informed consent!
Categories of
    “personal
  information”
Ordinary personal information
   versus special personal
        information.
Data Protection
Ensure the personal information collected is “complete, not
misleading, up to date and accurate”;

Secure ...
When employees go astray
Building on your
   success ...
or building their
own platforms with
    your tools
Potential impact?
Restraint of
      trade
Reasonableness requirements
        Enforceable
     Potentially costly
      Set precedents
Stay in the loop
Remember its all
about relationships
Build better legal
   frameworks
Terms of use

    Don’t forget details like
jurisdiction, choice of law and
      ECT Act compliance



 webtechlaw.com/an...
Ongoing review to
ensure terms address
  new developments
Privacy policy
Thank you!
Paul Jacobson
Web and digital media lawyer

    paulj@jacobson.co.za
      webtechlaw.com
  facebook.webtechlaw.com
      ...
Social media: Legal and business challenges
Social media: Legal and business challenges
Social media: Legal and business challenges
Social media: Legal and business challenges
Social media: Legal and business challenges
Social media: Legal and business challenges
Social media: Legal and business challenges
Social media: Legal and business challenges
Social media: Legal and business challenges
Social media: Legal and business challenges
Social media: Legal and business challenges
Social media: Legal and business challenges
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Social media: Legal and business challenges

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This is a presentation for the IT Governance Forum which ran between 24 and 27 November 2009. My goal was to highlight concrete risks that social media poses and some of the ways to address those risks.

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Social media: Legal and business challenges

  1. 1. Social media
  2. 2. Social media Legal and business challenges
  3. 3. “A powerful global conversation has begun. Through the Internet, people are discovering and inventing new ways to share relevant knowledge with blinding speed. As a direct result, markets are getting smarter— and getting smarter faster than most companies.” The Cluetrain Manifesto (2000) @ cluetrain.com
  4. 4. The Web has changed
  5. 5. Its about being social ...
  6. 6. ... in th e dig ita la ge ...
  7. 7. ... and increasingly in realtime.
  8. 8. The social Web is not just about being shiny happy people ...
  9. 9. Your customers are having conversations about you Are you even part of that conversation?
  10. 10. customers have new tools and a longer reach
  11. 11. customers have new tools and a longer reach
  12. 12. ... and so on ... the network effect in social media
  13. 13. You suck! ?!
  14. 14. Social media = expression
  15. 15. Freedom of expression can be liberating
  16. 16. Do you have control over the conversation?
  17. 17. 09-f9-11-02-9d-74-e3-5b-d8-41-56- c5-63-56-88-c0 http://bit.ly/diggcodestory
  18. 18. Getting the community involved
  19. 19. ... it can be a gamble ...
  20. 20. You might also be amazed ...
  21. 21. Are your employees using ...
  22. 22. Are your employees using ...
  23. 23. You have to understand social media Sensitive information being disclosed?
  24. 24. New(ish) buzzwords brandsquatting Cybersquatting (domain names) typosquatting
  25. 25. Manage your content licensing process
  26. 26. The problem is that © ≠ sharing
  27. 27. There are a couple options
  28. 28. Existing law Bill of Rights (Chapter 32) Consumer Protection Act PAIA ECT Act RICA
  29. 29. “POPIA”
  30. 30. Informed consent!
  31. 31. Categories of “personal information” Ordinary personal information versus special personal information.
  32. 32. Data Protection Ensure the personal information collected is “complete, not misleading, up to date and accurate”; Secure integrity of personal information against risk of loss or damage; Protect against unlawful or unauthorised access or processing; Identify reasonably foreseeable internal and external risks; Generally accepted infosec practices and procedures * Principle 6: draft POPIA
  33. 33. When employees go astray
  34. 34. Building on your success ...
  35. 35. or building their own platforms with your tools
  36. 36. Potential impact?
  37. 37. Restraint of trade Reasonableness requirements Enforceable Potentially costly Set precedents
  38. 38. Stay in the loop
  39. 39. Remember its all about relationships
  40. 40. Build better legal frameworks
  41. 41. Terms of use Don’t forget details like jurisdiction, choice of law and ECT Act compliance webtechlaw.com/anatomy- website-terms-use
  42. 42. Ongoing review to ensure terms address new developments
  43. 43. Privacy policy
  44. 44. Thank you!
  45. 45. Paul Jacobson Web and digital media lawyer paulj@jacobson.co.za webtechlaw.com facebook.webtechlaw.com @webtechlaw.com
  • almeradionaldo

    Aug. 3, 2019
  • ghamry

    Dec. 25, 2009
  • kochrobert

    Dec. 3, 2009

This is a presentation for the IT Governance Forum which ran between 24 and 27 November 2009. My goal was to highlight concrete risks that social media poses and some of the ways to address those risks.

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