protecting your business and employees: crafting beneficial social media policies
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Protecting Your Business and Employees: Crafting Beneficial Social Media PoliciesTRANSCRIPT
Protecting Your Business and Employees: How to Create Beneficial
Social Media Policies
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Presented By: Kelley Clements Keller, Esq.
The Constitution and Creativity
U.S. Constitution – Article 1, Sec. 8, Cl. 8
“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”
What does this mean today?
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What is a Beneficial Policy?
Creating Beneficial Social Media Policies
Beneficial = helpful in the meeting of needs (www.dictionary.com)
Policy = a definite course of action (www.dictionary.com)
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The “Why” and “How”
Creating Beneficial Social Media Policies
Why Do We Need Them?
How Do We Craft Them?
How Do We Manage Them?
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Why Do We Need Them?
Why Do We Need Beneficial Social Media Policies?
It’s the Wild West and the Sheriff is Nowhere To Be Found
Volatile Uncertain Chaotic Ambiguous
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Why Do We Need Them?
Why Do We Need Beneficial Social Media Policies?
Mismanaged Social Media Activity is Risky Business
Collateral Damage: Legal; Financial; Personnel/HR The GlassDoor.com Problem The Social Media Identity Crisis: Whose Information Is
It?
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Why Do We Need Them?
Why Do We Need Beneficial Social Media Policies?
Opportunity for Increased Employee Loyalty and Morale
The “Zone of Fairness” Allows for Meaningful Engagements
Decreased Frustration and Confusion in the Workplace
Mitigate Against Future Disputes
Foster Creativity Through Clear Boundaries Without Unreasonable Restrictions
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How Do We Create Them?
How Do We Craft Beneficial Social Media Policies?
Plan
Create
Execute
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The Process: Plan
How Do We Craft Beneficial Social Media Policies?
Plan
Understand that No Standards for Best Practices Exist
No Model Rules No Legal Precedent Fast Moving Technologies
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The Process: Plan Cont’d
How Do We Craft Beneficial Social Media Policies?
Plan
Identify the Strategic Goals Social Media is to Accomplish for Your Business/Company
Engage Key Stakeholders Determine Clear Outcomes
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The Process: Plan Cont’d
How Do We Craft Beneficial Social Media Policies?
Plan
Determine Who is Responsible for Creating and Enforcing Your Policy : Legal? HR?
Establish Rewards for Employee Compliance and Consequences for Noncompliance
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The Process: Create
How Do We Craft Beneficial Social Media Policies?
Create
Establish the Elements of the Policy
Who Owns What?, e.g. Followers, Handles, Content• The PhoneDog Debacle
Develop a Monitoring Policy
Analytics to Measure ROI
Internal and External Communications
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The Process: Create Cont’d
How Do We Craft Beneficial Social Media Policies?
Create
When Something is Unclear or Uncertain, Go Back to the Basics
Same Principles as Employment and Labor Law
National Labor Relations Act (NLRA) Section 7• Protected “Chatter” and Concerted Activities
Policy Restrictions are Being Debated By the National Labor Relations Board (NLRB)
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The Process: Create Cont’d
How Do We Craft Beneficial Social Media Policies?
Create
Ensure the Policy Maximizes Political Economy
Well-Run Organization: • Efficient• Growth Trajectory• Managing Risk Rather Than Reacting to Crisis
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The Process: Execute
How Do We Craft Beneficial Social Media Policies?
Execute
Ensure Compliance
Compliance With Terms and Conditions of Platforms• Stay Abreast of Changes• Create A Culture of “Playing By the Rules”
Employee Compliance With Firm’s Social Media Policy• Avoid Liability for Copyright or Trademark Infringement• Steer Clear of Harassment and Discrimination
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Workshop: OFF, Inc.
Putting It Into Action
Organic French Fries, Inc. Identify Stakeholder’s Interests Develop Statement of Strategic Goals
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Workshop: OFF, Inc.
Organic French Fries, Inc. Company Overview:
Young Company with 26 Employees Organic Potatoes Fried in Coconut Oil with Special
Seasoning Special Seasoning – Proprietary Blend
Multiple Distribution Channels, e.g. Retail Outlets Considering Franchise Options
Quality Control Cause-Related Marketing – Broaden Charitable Base
Increase Donation from 2¢ to 5¢ to Assist Small Organic Farmers
In-House IT; Web Development; Comptroller Outside Marketing and Legal Counsel
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Thank You!
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Kelley Clements Keller, Esq.(717) 386-5035
[email protected]@KelleyKeller
/TheKellerLawFirmLLC/KelleyKeller