Social media policies should cover three key areas. First, management of the company’s own social media accounts such as who may post content on behalf of the company and the vetting or approval process for content. Second, define the company’s policies for employee use of social media—not just during work hours or using company equipment—including outside of work on the employee’s personal time. Lastly, how does the company use social media when making hiring decisions, and how does it monitor social media activity by employees? Key considerations for each of these issues are addressed below.
Designate one or more employees or managers who can post to company accounts and who have final review and approval authority over content proposed by other employees or departments. The designated individuals should have a good understanding of the company’s branding, image, marketing strategy, and intellectual property rights. If those individuals will be handling customer service issues, complaints, and various other things, they should be properly trained regarding the use of a positive and professional tone in all responses.
In addition to protecting your company’s own intellectual property rights, it is also important to make sure that company social media posts or website content does not infringe upon or violate the rights of others. For example, other images taken from the internet should never be re-posted to your company page(s) without verifying who owns the copyright to that image and obtaining their written consent. Your legal counsel should also provide guidance regarding the use of other company names and trademarks within your social media posts, or website content, and when it is permissible to do so.
1. With regard to online activity during work hours or using company-owned computers or cell phones, employers have more discretion to prohibit, limit, or monitor employee use of social media. Inform employees that they should not have an expectation of privacy when using company equipment. You should consider the nature of the business and the impact on employee morale and productivity when developing your policy.
2. Provide a clear statement that any misuse of social media by employees can be grounds for discipline, including termination. This should take into account your state’s privacy laws (if any) concerning employee social media accounts and be based on advice from legal counsel.
3. Distinguish between business and personal use (on-the-job and off-the-job conduct).
4. Instruct employees to avoid posting anything that could be considered defamation, obscenity, harassment, discrimination, or disclosure of company trade secrets or confidential information. Confidential and proprietary information may include information regarding trademarks, sales, finances, the number of employees or their identities, company strategy, the development of systems, processes, products, knowledge, technology, and any other information that has not been publicly released.
5. Employees should understand that if they choose to identify themselves as affiliated with your company (through a website like LinkedIn™), their profile and related content should be consistent with how they wish to present themselves to colleagues and clients as well as the company’s overall image and reputation. However, employees should be advised not use the company name or logo in their usernames or profile photo unless they are authorized to speak for or represent the company officially.