Presentation given to Cobb EMC regarding human resources and social media risk management.

1. Human Resources: Social
Media Risk Management
Deborah Gonzalez, Esq.
www.law2sm.com
March 16, 2017

2. Legal Disclaimer
Information provided in this session is for general
educational purposes and should not be construed as legal
advice. It is recommended that you seek legal counsel
licensed in your jurisdiction for handling of specific legal
matters.

3. Deborah Gonzalez, Esq.
@law2sm
• Licensed Attorney
• Founder Law2sm, LLC
• Focus: IP, Social Media, Digital &
Technology Law
• Author, Managing Online Risk: Apps,
Mobile & Social Media Security & Online
Security for the Business Traveler
• Co-Developer: Digital Risk Assessment™

4. Just What “IS” Social Media (According to
the FFIEC)?
According to the FFICE, it is (but not limited to)
 micro-blogging sites (e.g. Facebook, Google Plus,
MySpace, andTwitter);
 forums, blogs, customer review web sites and
bulletin boards (e.g.Yelp);
 photo and video sites (e.g. Flickr andYouTube);
 sites that enable professional networking (e.g.
LinkedIn);
 virtual worlds (e.g. Second Life); and
 social games (e.g. FarmVille and CityVille)
4

5. Social Media Legal Concerns
Marketing
Privacy
Publicity
Promotions
Free Speech
Employment/HR
Recruitment
NLRB
Ownership of Accounts
Mobile/BYOD
Regulatory
Compliance
Finance, Insurance, Medical,
Pharma, Legal, etc.
Professional Association
white papers, guidelines,
rules
Alphabet Soup: FTC, FFIEC,
SEC, etc.
Disclosure, documentation,
etc.

6. Opportunities
 Less Costly, More Efficient (targeted) MarketingTool
 Customer CommunicationTool
 Our customers are online
 Interaction can buildTrust and Engagement
 Engagement = Conversion
 Employee CommunicationTool
 Talent RecruitmentTool
 Employment Cycle
 Actionable Intelligence
 For business strategy/aligning business goals

7. Risks
 Reputation Risk, Brand Damage, and Brand IdentityTheft
 Confidential Business Information
 Privacy and Use of Customer Information
 DisparagingComments, Defamation, Harassment and Intentional
Infliction of Emotional Harm
 Compliance w/Applicable Laws, Regulations
 Social PlatformsTerms of Use
 Third-Party Risk
 Operational Risk

8. Consequences
 Lawsuits (Court Costs & Attorney Fees)
 Regulatory Investigations/Audits
 Penalties and Enforcement Actions
 Irreparable Damage to Customer Goodwill
 Loss of Customers to Competitors
 Loss of “Talent” to Competitors

9. Social Media Policy:What?
A social media policy outlines how employees (and faculty,
students, etc.) should use social media whether on behalf
of the Institution or even on personal accounts.
The National Labor Relations Board (NLRB) has a lot to say
about whether certain clauses in these policies are valid or
violate the National Labor Relations Act.

10. Social Media Policy: Facts
 Social Media policies are part of an over-all strategy
that includes ongoing communication and training.
 Social Media policies relate to other policies such as
email, communication, privacy, confidentiality,
technology use, ethical code of conduct, etc.
 Social Media policies must match the culture and
operating characteristics of the institution.

11. Social Media Policy:The 5 C’s
 Control
 Connections
 Content
 Confidentiality
 Coherence
Bloomberg BNA, www.kelleydrye.com

12. Social Media Policy: Components
 Identify benefits of social media
 Address the risks of social media
 Designate contact person(s) for people to consult with in regards to
this policy (name, title, contact info including telephone, email
and/or other communications contact)
 Describe the institution’s expectations, the fact that individuals are
going to be responsible for their online activities
 Acknowledge that there are risks referring to the college’s name in
social media (opinions of individual vs opinions of institution)

13. Social Media Policy: Components
 Refer to company’s computer usage policy (and other related
policies)
 Requirement of protection of employee privacy
 Address rules on advertising and disclosure.
 Outline the potential for conflict of interest/risks

14. Social Media Policy: Components
 Company reserves the right to take disciplinary action
against who violates – and must outline what those
actions may be
 Does the policy state that the company reserves the
right to monitor use of social media by the individual
while the individual is using company equipment?
 Social Media account ownership issues, BYOD?

15. Social Media Policy: Lessons Learned
 Do not be overbroad with your prohibitions: employees
have the right to discuss about their terms and
conditions of employment, including: to discuss their
supervisor’s performance, to complain about their
supervisor, to criticize their supervisor and to protest
their supervisor’s actions.
 Employees have the right to discuss these things with
co-workersAND third-parties.

16. Social Media Policy: Lessons Learned
 Give examples of confidential information, trade
secrets, etc.
 Give examples of what behavior is considered violations
of the policy.
 Employers can put limits on postings that appear or
would appear to be on behalf of the employer.

17. Social Media Policy: Lessons Learned
 Do not rely on catch-all legalese clauses.
 Do not use overbroad or vague terms such as:
defamation, disparagement, or inappropriate.
 Do not require employees to report violations of the
policy.

18. Risk of EA Video
18https://www.youtube.com/watch?v=N_olBU9fQZo

19. What are we talking about?
“Employee advocacy” is a term used to
describe the exposure that employees
generate for brands using their own online
assets.
~ Linkhumans.com
19

20. What are we talking about?
Way to connect with clients and prospects
in new ways by leveraging employees and
technology.
~ Bart Casabona
Director of Social Media, Pitney Bowes
20

21. Benefits of ESAP
1. Powerful tool to improve Company’s visibility and credibility
 Can increase the company’s reach up to 10x more than just its
official corp. social channels
 Builds trust with your client base
2. Can improve relations between Company and employees
 Employees become more engaged and feel there is more
communication happening
3. Save costs in terms of marketing dollars and ROI
4. Helps in recruiting and employee retention
5. Generates sales
21

22. ESAP Process
Approval/Support
Audit/Assess
Design/Develop
Promote/Train
Manage
Community
Evaluate the Data
Revise as
Necessary
Celebrate
22

23. Employee Social Advocacy
 Can employees identify themselves as an employee of
Cobb EMC? –What is the policy?
 What about a disclaimer – posts are their opinions and
not that of their employers?

24. Use of Employee Photos On SM
 Consent from the employee at the start
 That photos and videos may be taken during business hours, at
company-related events, and at events where the employee is
representing the company.
 That these photos and videos may be used in marketing and
advertising including on the company’s website, company’s
social media platforms, etc.
 Can they opt out or is it part of their employment terms?

25. Use of Company Event-Related Photos
 Signage for the Public about photos and videos being
taken and what they will be used for.
 Specifically should mention social media platforms such as
Facebook, etc.
 Language can be included on a registration form (printed and
online) but the notice must be conspicuous – not hidden.
 Be especially careful with photos and videos of minor children –
you must have parental consent.

26. Laws Relevant to Social Media (State)
 Social Media Privacy Legislation State-by-state Report 2015
 http://www.seyfarth.com/uploads/sitefiles/practices/131317socialmediasurveym13
.pdf
 National Conference of state Legislatures (NCSL) Access to Social Media
Profiles & Passwords State by State Listings
 http://www.ncsl.org/research/telecommunications-and-information-
technology/employer-access-to-social-media-passwords-2013.aspx
 NCSL State Laws on Social Media Privacy
 http://www.ncsl.org/research/telecommunications-and-information-
technology/state-laws-prohibiting-access-to-social-media-usernames-and-
passwords.aspx
 Bloomberg BNA Social Media Law & Policy Report
 http://www.bna.com/social-media-law-p12884909455/

27. Q&A

28. ThankYou & Contact Info
Deborah Gonzalez, Esq.
deborah@law2sm.com
770-
www.law2sm.com
www.digitalrcp.com
Twitter: @law2sm
Facebook: Law2sm