Mingling Employee Smartphone and Company Work Product Can be Dangerous

Sands Anderson PC
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Many people will receive new smartphones as presents this month.  Think carefully as an employer before allowing your employees to mingle work and pleasure on the same phone.

Many employees may see added convenience in receiving their work emails on their personal phone and accessing company networks from virtually anywhere.  But “BYOD” (Bring Your Own Device) can be risky as well.

Company confidential information may be exchanged or downloaded on an insecure phone.  The device may be lost or stolen without adequate security to protect company information.  Employees may also have discriminatory or pornographic information on their personal devices, which could lead to inappropriate or illegal behavior.

Employers should have a BYOD policy in place before there are any issues.  The policy should address:

  • What the employees are permitted to do remotely or from a phone
  • Consequences for violating the policy
  • Required security measures on the employee’s phone
  • What platforms the company’s IT department will support
  • How the company will access the device after the employment is terminated in order to reclaim company confidential or proprietary information
  • Union agreement provisions about BYOD
  • Compliance with both the company social media policies and the National Labor Relations Act

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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