Email communications are an essential tool for businesses of all sizes – from the small companies to the largest multinationals. Email is efficient, convenient, and cheap. But there’s a significant downside that many companies fail to address until trouble strikes – especially given the reality that most employees consider their emails to be private communications.

Your company’s failure to establish a policy setting acceptable email and computer practices can lead to exposure to expensive lawsuits for discrimination, harassment, or retaliation.

Every company should have significant concerns about employee email and computer usage for the following reasons:

1. Guard against lost productivity.

2. Protect against the disclosure of confidential and proprietary information.

3. Decrease your exposure to harassment and discrimination lawsuits.

4. Reduce exposure to computer viruses and hostile code that could damage your company’s computer infrastructure.

5. Guard against the potential release of trade secrets or confidential information.

6. Protect personal information of employees and customers.

Finally, a written policy sets standards for employees to focus on work – not surfing the Internet.

When considering a company’s email and computer usage policy, the most important legal standard is the reasonable expectation of privacy. When a company has not established a written email and computer policy, it is often very difficult for employees to understand the distinction between acceptable conduct and prohibited conduct.

By establishing a written policy, your company is proactively setting the applicable standards and placing employees on notice that they have no reasonable expectation of privacy in their workplace email communications and computer usage. In addition, a written policy sends a crucial message to all employees – concentrate on your work when using email and the computer in the workplace. Finally, the policy can also serve as the basis for disciplinary action.

What are the elements of a company email and computer usage policy?

Every company should have a written email and usage computer policy – regardless of the company’s size. The policy should address:

1. The purpose of the policy is for each person to know his/her rights and limits when it comes to accessing the company’s computers, computer system, and the Internet.

2. The purpose of the company’s computer system – making it clear that the system is not to be used for recreational, non-business purposes.

3. The legal basis for the individual aspects of the policy, including the relevant legal authorities such as the Communications Decency Act, Child Pornography Prevention Act, Computer Fraud and Abuse Act, and the Federal Wiretap Act.

4. The applicable standards of usage established by the policy (i.e., what actions are prohibited).

5. The disciplinary action and penalties that will be imposed for violation of the policy.

6. That the employee acknowledges receipt of the policy. The policy and acknowledgement should be signed by each employee, dated, and kept in each employee’s permanent file.

A well-written email and computer usage policy establishes important standards for employee conduct, addresses the reasonable expectation of privacy, and reduces the company’s exposure to legal problems. Don’t allow your employees to venture out into Cyberspace without one.

If you need legal advice on setting your policy, let’s have a discussion and see if I can help.

This article is an excerpt from “12 Website Legal Issues for Small Businesses and Entrepreneurs.”

Fred Reilly is an attorney licensed to practice in California, Florida, and as an English Solicitor.

To download a free copy of \”12 Website Legal Issues for Small Businesses and Entrepreneurs\” click on Free Website Legal Issues eBooklet.

Fred Reilly is an attorney licensed to practice in California, Florida, and as an English Solicitor.
To download a free copy of \”12 Website Legal Issues for Small Businesses and Entrepreneurs\” visit http://www.attorney-solicitor.com

Author Bio: Fred Reilly is an attorney licensed to practice in California, Florida, and as an English Solicitor.

To download a free copy of \”12 Website Legal Issues for Small Businesses and Entrepreneurs\” click on Free Website Legal Issues eBooklet.

Category: Business
Keywords: best internet business practices, email and computer usage policy