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Employers should address the risks posed by social media via a formal and binding agreement with their employees.  Policies or contracts of this type must deal with: Policies or contracts of this type must deal with:

  1. how employees identify themselves on social media;
  2. what type of information can be discussed on social media.  It may be preferable that as general rule employees should not discuss the company on social media;
  3. the management of social media during employment including through premium social media accounts and rules should be established to deal with how information is
  4. prepared and published through those accounts;
  5. how other workplace policies relate to social media.  Policies on confidentiality, workplace bullying, appropriate standards of professionalism to other employees and clients should all be extended to cover social media;
  6. where appropriate, what can and cannot be done on certain social media platforms after employment has terminated;
  7. the extension of non solicitation and  non compete clauses to properly deal with social media.

Of course, policies alone are never enough.  They must be understood by the staff and they must evolve as this changing area of law evolves.

Companies must also consider non-legal strategies such as the management of social media after the departure of high profile staff or the management of reputation after the misuse of social media by staff.

To discuss the impact of social media and your business contact Leonie Kyriacou on l.kyriacou@pigott.com.au

This paper and accompanying seminar provide a summary only of the subject matter covered, without the assumption of a duty of care by Pigott Stinson Lawyers. The summary is not intended to be nor should it be relied upon as a substitute for legal or other professional advice. Copyright in this paper and any related seminar is owned by Pigott Stinson Lawyers.