Business Law: Why Your Business Needs an Electronic Media and Communications Policy

By Nina L. Kaufman, Esq

Do your employees use email for company correspondence? Do your business partners conduct research on the Internet? Does your company regularly back up and store the contents of its company computers? If so, your business is ripe for an electronic media and communications policy.

It’s called by several names -- communications policy, user guidelines, electronic media policy, electronic communications – but the gist is the same. And whether included as part of an employee handbook or standing on its own, an electronic media and communications policy provides essential guidelines for setting expectations and teaching appropriate conduct. It also provides an important safeguard against liability due to misuse and abuse of your company’s electronic communications resources. It’s not a far stretch to envision an unproductive employee who spends hours each day on personal telephone calls or email correspondence. Or the business partner who surfs the Internet for porn and creates an uncomfortable (not to mention legally “hostile”) work environment by sending his “research findings” to other employees. Or the employee who embroils your company in a copyright infringement lawsuit for illegally downloading and using unauthorized software. All of these situations can be very costly – both to overall productivity and to your bottom line.

What Should An EMCP Include?

Broadly stated, an electronic media and communications policy will provide the guidelines for monitoring employee communications including telephone conversations, voice mail and e-mail, improper use of employer equipment, opening mail in the office, and expectations of employee privacy. In addition to defining the scope of the policy and the terms of what is and is not covered, an electronic media and communications policy will likely address:

• Company ownership of all electronic communication systems and data sent from, received by, or stored in the company's computers, email, telephone, or other systems
• Employees’ expectation of privacy (usually, none)
• Use of the telephone, Internet, e-mail, instant messaging, and computers, and restrictions on personal use
• Monitoring of employee communications, phone conversations, computers, and email
• Data safeguarding measures to be followed (such as passwords, encryption, turning off computers when not in use);
• Transmission of confidential information
• Reporting/grievance procedures and penalties for violations

No electronic media and communications policy would be complete without a laundry list (in exhaustive, mind you) of what constitutes “employees behaving badly” when using the communications systems. Here’s a small sampling of what is often included (each one could be the basis for an unpleasant lawsuit for your company if the conduct is not addressed):

• Viewing or distributing sexually explicit, pornographic, racist, sexist, or material disparaging based on race, origin, sex, sexual orientation, age, disability, religion or political beliefs
• Viewing or sending messages intended to harass, intimidate, threaten, embarrass, humiliate or degrade another co-worker or that contain defamatory references
• Soliciting or proselytizing for commercial ventures, religious or political causes, outside organizations, or any other non-job related solicitations
• Downloading or distributing pirated software or data, entertainment software, music or games
• Conducting illegal activity, including gambling
• Sending chain letters
• Attempting to access or accessing another employee's computer, computer account, e-mail or voice mail messages, files or other data without their consent or the consent of an authorized supervisor;
• Propagating viruses, worms, Trojan horse or trap door program codes
• Communicating in the name of the company or contacting the media via a chat room or other electronic communications means without company authorization; releasing protected information via a newsgroup or chat room

Ideally, electronic media and communications policies are not a one-person job. Because they touch on areas of human resources, information technologies, communications, and management, it’s helpful to have more than one mind focusing on what your company’s policy should include. Do some research to see what other companies have included in their electronic media and communications policies (there’s plenty available on the Internet) – these can provide excellent content and format suggestions for your own. Be wary of copying them wholesale, as some the provisions may not apply to your company. Discuss these issues with your business partners or your appropriate department heads; or, if you are the sole owner of your business, consider working with a consultant. Once your initial draft starts taking shape, though, be sure to run it by your company’s attorneys for their review – they’re the ones trained to identify and protect you against “bad behavior”!

© 2004-2009 The Legal Edge LLC. Nina L. Kaufman, Esq. is an award-winning business attorney, author, and speaker. Under her Ask The Business Lawyer umbrella, Nina offers easy-to-understand business law resources that protect small businesses and save them money. To learn more, and receive our FREE "LexAppeal" ezine, visit http://www.GreatBusinessLawTips.com  or contact Contact Us. This article is for your general information only. Be sure to consult with an attorney regarding your particular situation to make sure you get the specific advice you need.

Nina Kaufman, Esq. Award Winning Business Lawyer, Author & Speaker