What are the risks?
On a fundamental level, excessive use of the internet and email can represent a significant difficulty for employers, as it can lead to a loss of productivity among staff, who may use work time for personal surfing, online shopping and private email communications.
On a more serious level, inappropriate use of the internet and email by staff can leave a firm open to any number of legal implications, according to Robert McDonagh, solicitor with Mason Hayes+Curran, who explains that companies can be held accountable for the actions of their staff. "For instance, a company that turns a blind eye to employees using company property to illegally download or share music files risks being sued itself for breach of intellectual property rights," he says.
Likewise, the sending of inappropriate emails by members of staff could expose companies to implications under the Employment Equality Act 1988. This could occur if an employee sends emails of a sexual or inappropriate nature to someone who takes offence and considers the email a form of harassment. Under the aforementioned Act, an employer is deemed responsible for its employees' actions and can be sued directly.
As if that weren't enough to worry about, the internet can also be used to download or access inappropriate or illegal content such as pornography and, even more seriously, child pornography. Given the severe penalties laid out under the Child Trafficking and Pornography Act 1998, McDonagh warns that firms should take "immediate steps" if they suspect that an employee is using company facilities to access child pornography.
So what can firms do to protect themselves against potential legal action? First and foremost, educating staff on what constitutes appropriate use of the internet and email is essential. In order to do this, businesses are advised put an "acceptable internet and email usage policy" in place. The usage policy should form part of a staff member's terms of employment and should clearly address the extent to and manner in which employees may use the internet and email for personal dealings.
Getting down to business
When drawing up an internet/email usage policy, the following points should be included:
- A definition of what constitutes "personal use" of the internet and email, and a guide outlining how much online time, if any, is acceptable.
- Advice on the need to abide by copyright restrictions, such as when downloading digital content.
- Guidance on what steps to take before undertaking any downloads, e.g. checking for file size. The policy may set out restrictions on download size.
- Warnings about the security threats associated with importing malware, whether through downloading or through bringing in files from an external source, e.g. via a memory stick.
- A warning not to send illegal or inappropriate content via email, along with guidelines on "email etiquette".
- Information on the kind of sites that should not be accessed at any time, such as those featuring adult content.
- Cautions about the sending of sensitive information and ensuring that it is not inadvertently sent to the wrong person.
- Advice on the risks associated with opening email attachments from unknown sources.
Enforcing the rules
Of course, there is little point in having a usage policy in place if firms are not willing to enforce the guidelines. If staff are to take the policy seriously, it is vital that all rules are backed up and action taken if they are broken. The policy should feature an explanation of what disciplinary actions will be pursued if the policy is not adhered to.
Although McDonagh explains that use of the internet or email for unauthorised purposes usually does not amount to a sufficient reason for dismissal without notice and prior warning, "any usage policy should caution that breach of the policy may lead to activation of the firm's disciplinary procedures and ultimately may lead to dismissal, particularly in the case of gross misconduct."
Keep it simple
A clearly written internet and email usage policy can be useful for both companies and employees alike; it can help to ensure that staff use the internet and email effectively and productively, while also protecting companies from legal implications.
Having a wide-ranging usage policy should be a key part of a firm's patrol against inappropriate use of the internet and email but, increasingly, technology is being seen as an effective tool for prevention. Next issue, in the second part of this feature, we will discuss the various technologies that firms can put in place in order to help ensure that employees are using the internet and email effectively and appropriately.
Useful links: