This document contains a presentation on social media policies and legal aspects. It begins with an agenda that covers risk and some numbers regarding social media usage. It then discusses the increasing user base of social media in Europe and Belgium as well as its use by companies and employees. The next section outlines the legal framework, noting there is no specific social media legislation but general laws around labor, privacy, intellectual property and others still apply. It delves into labor law regarding social media use in recruitment, employment and after employment. It also discusses privacy law and other applicable legislation. The presentation concludes by asking if the audience has any questions.

1. Stichting Marketing
Social Media Policies
Legale Aspecten
Vanguard Leadership - November 2010

2. 2
Social media
Legal issues
Peter Van Dyck

3. 3
Agenda
Risk
Some numbers
Legal framework

4. 4
I. Risk

5. 5

6. 6

7. 7

8. 8

9. 9
II. Some
numbers

10. 10
Some numbers
Increasingly broad user base:
More than 41,7 million European users; expected to increase to 107,4 million
European users by 2012 (European Commission; November 2010)
More than 3,5 million Belgian Facebook members (Eurostat; June 2010)
Used by 47% companies e.g. as recruitment tool (Stepstone; November 2010)
46% employees active on Facebook / Netlog during working hours (Vacature; 2008)
30 to 40% of the total time spent by employees on internet is for private purposes
(International Data Corp), mainly for (i) finding a new job (37%), (ii) preparing
holidays (45%) and (iii) playing online games (11%) (Vault.com)

11. 11
III. Legal
framework

12. 12
Overview of legal framework
No specific social media legislation
Impact of general legislation
Labour law
Privacy law
Intellectual property law
Other laws (slander; stalking; etc.)

13. 13
Labour law
Social media in the recruitment phase
Social media during employment
Social media at the end of the employment

14. 14
Labour law – social media in the
recruitment phase
Increasing vetting via social media
CAO nr. 38, art. 2bis: « De werkgever moet tijdens de procedure alle
sollicitanten gelijk behandelen. Daarbij mag hij geen onderscheid
maken op grond van persoonlijke elementen, wanneer deze geen
verband houden met de functie of met de aard van de onderneming,
behalve indien zulks wettelijk wordt vereist of toegelaten. Zo mag de
werkgever in principe geen onderscheid maken op grond van
leeftijd, geslacht, burgerlijke stand, ziekteverleden, ras, huidskleur,
afkomst of nationale of etnische afstamming, politieke of
levensovertuiging en lidmaatschap van een vakbond of een andere
organisatie, seksuele geaardheid, handicap. »

15. 15
Labour law – social media during
employment
Importance of clear rules (social media policy)!
Rule of thumb: occasional private use of internet facilities >< intensive
private use of internet facilities
Control of employees’ use of internet facilities is subject to CAO 81:
Finality
Proportionality
Anonymous monitoring
Indirect individualisation
Direct individualisation
Transparency

16. 16
Labour law – social media at the end of the
employment
Reasons for termination for urgent cause
Insults on social media
Insults towards employer (relationship of trust broken?)
Insults towards customers / suppliers / etc.
Illness
Cf. Employment Contract Act, art. 31§3: verification of illness
by doctor

17. 17
Labour law – social media at the end of the
employment
Evidentiary value of social media
Lack of precedents in Belgium
France: Facebook evidence admissible as accessible to
« friends » and « friends of friends »
Rule of thumb: accessible by general public?
Not: accessing private account of employee
Not: pressuring colleagues to report on their colleague’s profile

18. 18

19. 19

20. 20

21. 21

22. 22
Privacy act
Permissibility
Prior consent
Balance between employer’s and employee’s rights
Notification to the privacy commission
Exemption for personnel administration BUT only valid where data is not
used for assessment purposes
Notification to the data employees  importance of social media policy!

23. 23
Other applicable legislation
Intellectual property law
Slander
Stalking
…

24. 24
Questions?
peter.vandyck@allenovery.com
+32 2 780 2512These are presentation slides only. The information within these slides
does not constitute definitive advice and should not be used as the
basis for giving definitive advice without checking the primary
sources.
Allen & Overy means Allen & Overy LLP and/or its affiliated
undertakings. The term partner is used to refer to a member of Allen &
Overy LLP or an employee or consultant with equivalent standing and
qualifications or an individual with equivalent status in one of Allen &
Overy LLP's affiliated undertakings.

25. How Social Media is thought to plug into a business
My Marketing
could use
some of that
social media!

26. Customer Support
Market Research
Online Reputation Management
Community Management
Consumer Insights
Recruiting
Business Development
Sales
P.R.
Business Measurement
Marketing
Education
Thought Leadership
Search/SEO
Mobility
How Social Media actually plugs into a business
Customer Acquisition
Lead Generation
Crisis Management
Internal collaboration
Customer Retention
Advertising
Advocacy
Event Management
Fund-Raising
Corporate Communications

30. Bron: Het Laatste Nieuws,
17 november 2010
Bron: Het Nieuwsblad,
17 maart 2011

31. Social Media in your company...
Social networks are being
blocked
Social networks are open
Guidelines/policies & Monitoring are needed!
Vanguard Leadership – Januari 2011

33. Process to implement a
Social media plan and policy
Awareness
Building
Inventory
Social Media
Policy
Training Monitoring
Goals,
Objectives,
strategy
Teams
Ambassadors
Project:
define –
roll-out
Vanguard Leadership - November 2010

35. Topics
• Policy or Guidelines?
• Why do you need a policy?
• Who makes the policy?
• Perspectives of the policy?
• How do you make a policy?
• What needs to be in the policy?
• How do you implement a policy?
• Examples

36. Guidelines or Policy
• Policy is official and enforceable
• Control legal burden
• Cover HR items
• Identify risk
• Guideline is a suggestion and not enforceable
• Communication piece
• Motivate and inspire users (ambassadors)
• Create positive frame of mind
Vanguard Leadership – Januari 2011

37. Why do you need a social media
policy?
• Brand damage
• Productivity loss
• Security issues
• Identity issues
• Conflict handling
• And many more...

38. Who makes the policy?

39.  Marketing
 HR
 IT
 Legal
 Mngt Team
 Employees
 Unions
So who makes the policy?
Vanguard Leadership - November 2010
Better question is
Who contributes to the policy?

40. Perspective

41. 3 possible views

42. Different perspectives
• Employee Code of Conduct for Online
Communications
• Employee Code of Conduct for
Company Representation in Online
Communications
• Employee Blogging Disclosure Policy
• Employee Facebook Usage Policy
• Employee Personal Blog Policy
• Employee Personal Social Network
Policy
• Employee Personal Twitter Policy
• Employee LinkedIn Policy
• Corporate Blogging Policy
• Corporate Blog Use Policy
• Corporate Blog Post Approval Process
• Corporate Blog Commenting Policy
• Corporate Facebook Brand Page Usage
Policy
• Corporate Facebook Public
Comment/Messaging Policy
• Corporate Twitter Account Policy
• Corporate YouTube Policy
• Corporate YouTube Public Comment Policy
• Company Password Policy

43. How to make a policy?

44. How to create a social media policy?
• Social media policy creation software
• http://socialmedia.policytool.net/
• http://socialpolicygenerator.com/
• Social media policy examples
• http://socialmediagovernance.com/policies.php
• Write one your own

45. What is in the policy?

46. Areas to consider
Vanguard Leadership - November 2010

47. How to implement a policy?

48. How to distribute your Social Media
Policy?

51. Micro Social Media Policyaka the marketer’s version

52. A minimalistic version
(a) Physicians should be cognizant of standards of patient privacy and confidentiality that must be
maintained in all environments, including online, and must refrain from posting identifiable patient
information online.
(b) When using the Internet for social networking, physicians should use privacy settings to safeguard
personal information and content to the extent possible, but should realize that privacy settings are not
absolute and that once on the Internet, content is likely there permanently. Thus, physicians should
routinely monitor their own Internet presence to ensure that the personal and professional information
on their own sites and, to the extent possible, content posted about them by others, is accurate and
appropriate.
(c) If they interact with patients on the Internet, physicians must maintain appropriate boundaries of the
patient-physician relationship in accordance with professional ethical guidelines just, as they would in
any other context.
(d) To maintain appropriate professional boundaries physicians should consider separating personal and
professional content online.
(e) When physicians see content posted by colleagues that appears unprofessional they have a
responsibility to bring that content to the attention of the individual, so that he or she can remove it
and/or take other appropriate actions. If the behavior significantly violates professional norms and the
individual does not take appropriate action to resolve the situation, the physician should report the
matter to appropriate authorities.
(f) Physicians must recognize that actions online and content posted may negatively affect their reputations
among patients and colleagues, may have consequences for their medical careers (particularly for
physicians-in-training and medical students), and can undermine public trust in the medical profession.

53. Value Driven Policy

54. The Corporate Policy

55. The Handbook Way

56. The Graphic Way

57. Multiple Perspective View

58. Which way are you going?