What you should consider before adopting Facebook at Work

The news that Facebook at Work is due to be rolled out in the first part of this year will be welcomed by many businesses, especially those keen to see more effective use of technology in the workplace and to see greater employee engagement through increased levels of connectivity. For employees used to managing their personal lives via social media and technology, the arrival may seem long overdue.

The work place version of Facebook will replicate many of the features of the well-known social version, giving employees and co-workers a range of ways in which to communicate, collaborate and interact. The increasing globalization of business and reliance on remote and flexible ways of working mean that keeping employees meaningfully connected is critical to driving business success. As an added side benefit, the introduction of more effective communication methods often leads to a reduction in the use of internal email systems. This in turn can help businesses manage IT capacity and reduce the need for employees to monitor unnecessary email traffic.

As with any workplace communication system, there are however a number of legal risks which employers implementing the function should take into account. In addition to existing email, phone and instant messaging systems, Facebook at Work will provide employees with another forum to express personal views and discuss potentially sensitive and confidential business issues.

What Are the Main Points to Consider?

Employers will want to ensure that the system is used for business-appropriate purposes only and should bear in mind the importance of the following:

• The need to protect confidential data and information -- Recent high profile hacking incidents involving customer data are a timely reminder that customer and company confidential information needs to be properly safeguarded. In addition, the FCA has recently published a report reminding financial services businesses to do more internally to protect the flow of confidential and inside information. The advice applies equally well to other business sectors.
• Transmitting data safely and securely, particularly where businesses operate globally -- The recent Schrems case on data protection and Safe Harbor principles has highlighted the need to ensure that data is properly protected, particularly when being sent outside the EU.
• Avoiding discrimination and inappropriate or defamatory comments -- A number of tribunal cases have highlighted the risks for employers where employees use social media to make inappropriate comments regarding the workplace. Such comments can pose a real risk for employers’ reputations, not least given the reach and speed of social media. Communications on Facebook at Work could all be disclosable in response to a data subject access request or in any tribunal or court litigation and so should be approached with as much care as any other written communication.

Maximizing the Benefits and Minimizing the Legal Risks

There are therefore a number of steps that employers should take to ensure that the benefits of using such a system are not eclipsed by the potential for legal risk:

• Be clear on the circumstances in which Facebook at Work should be used, and the business benefits of doing so. The message needs to be consistent across the business so that employees are not confused or left in doubt. Provide training on how to use the system effectively.
• Have guidelines on the topics that can be discussed. This may include for example limiting or prohibiting discussion of confidential customer information or company confidential information such as financial results and future projections, trade secrets and strategic plans.
• Consider appropriate safeguards where current business projects are discussed in detail. Project names or code words could be used to avoid referring to individual names or customers.
• Identify appropriate membership of the various groups and chatrooms and ensure that appropriate checks are in place so that only those who need to be involved have permission to join.
• Consider the data protection issues where data is being transmitted on a global basis and how these can be mitigated.
• Remind employees of the need to ensure that posts and conversations are not discriminatory, offensive or defamatory. Employees should also be told not to exclude team members from groups inappropriately since this could amount to workplace bullying.
• Update diversity and disciplinary guidelines and policies accordingly to ensure that employees are aware of the consequences of inappropriate use of the system.
• Ensure that HR, compliance and risk functions, particularly in large organizations are aware of the challenges that the new system could present and that sufficient resources are in place to monitor effective and lawful use of the system.

The inexorable rise of technology at work and the obvious advantages it presents mean that we can expect to see systems such as Facebook at Work becoming an integral part of the workplace toolkit going forward. Those businesses that can harness the benefits of such systems whilst avoiding the potential risks should see their efforts rewarded.

Marian Bloodworth, employment partner at tech law firm, Kemp Little

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