have the legal right in all jurisdictions to search an employee’s personal device or personal email account on a company or personally-owned device. However, having a clearly-worded policy can improve an employer’s legal position in arguing that it has the right to access any technology devices used by an employee for work purposes. • Privacy considerations : Due to the privacy issues discussed above, a policy should include an express warning that the employer retains the right to monitor and review the use of and content on any technology and devices covered by the policy. As discussed above, however, there have been court decisions finding employers liable for improperly accessing or using online content, particularly where the content was on a website with restricted privacy settings, such as Facebook.com. As such, employers should take care to ensure they lawfully access online content, and they should consult with counsel as appropriate to ensure compliance. • Permissible and impermissible uses: The policy should explain the permissible and impermissible uses of technology and social media. Items to address might include, for example, personal use of technology on work time, employees’ obligation not to use technology to engage in unlawful behavior, the need to protect confidential or trade secret information, and the need to respect others’ intellectual property rights. An employer may also want to prohibit employees from engaging in any company-related blogging, tweeting or the like without express written permission of the company to engage in such social networking activities on behalf of the business.
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