#CyberFLASH: Technology in the workplace – Top 9 issues for employers

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Technology enters the workplace in many ways and there are a number of risks and issues that employers need to consider.

  1. Cybersecurity and Data Protection
    A number of data breaches have been making headline news. These threats do not only come from criminal hackers or other external sources. Much of the risk around data security comes from the way employees manage company data. Instituting policies, practices and training around acceptable use, storage and retention of employer data, systems and property is key.
  2. Employee Misuse of Social Media
    Where there is a nexus between an employer and inappropriate content posted online by an employee, such conduct may provide a basis for employee discipline up to and including termination of employment. A number of recent cases demonstrate that terminating with just cause is possible, particularly when the post is harmful or potentially harmful to the employer.
  3. When Not to Discipline For Misuse of Social Media
    While disciplining employees for misuse of social media is quite appropriate in many circumstances, on the other hand, we may find that Canada follows the U.S. trend in which some employees argue that social media posts are protected or that discipline is an unlawful reprisal under employment standards and other legislation.
  4. Privacy on Workplace Computers
    Employees will likely have some expectation of privacy on workplace computers where personal use is permitted. This expectation of privacy can be limited by way of computer use policies that provide for employer monitoring of workplace computers, where the employer has a legitimate need to conduct monitoring and where such monitoring is reasonable in scope. Such policies should be clearly communicated to employees.

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