Social Media the Legal Risks
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1 Social Media the Legal Risks Chris Holme Partner at Clyde & Co LLP Your source for professional liability education and networking.
2 What are social media? web-based and mobile technologies that turn communication into active dialogue. There are many different types of social media channels, which attract specific audiences for different purposes. Law Society social media guidance note 2011 interaction among people in which they create, share, and exchange information and ideas in virtual communities and networks Wikipedia definition Your source for professional liability education and networking.
3 Your source for professional liability education and networking.
4 What are social media? Social networks - websites which allow users to build personal web pages and then connect with other users to communicate and share content - Facebook and LinkedIn Forums - online discussion sites, usually focused on a specific topic or area - BIBA Broker Forum Video and photo sharing websites - Instagram Blogging - sites where users create and/or comment on site content - Wordpress Microblogging - Twitter Your source for professional liability education and networking.
5 Who is using social media? Facebook: 600m users Twitter: 200m users LinkedIn: 100m users Your source for professional liability education and networking.
6 Who is using social media? Your source for professional liability education and networking.
7 Who is using social media? Griffin members Forums for brokers The Broker Forum on Insurance Age s website BIBA on BIBA on LinkedIn Your source for professional liability education and networking.
8 Why use social media in business? Get positive image of business into public domain» increase brand awareness» instant access to information» improved customer communication and service Business opportunities Recruitment Information on prospective employees Your source for professional liability education and networking.
9 Horror stories Dell Hell Your source for professional liability education and networking.
10 HMV s Twitter disaster Your source for professional liability education and networking.
11 Horror stories Your source for professional liability education and networking.
12 Horror stories Your source for professional liability education and networking.
13 Legal issues - content Defamation Re-tweeting Confidential information Contacts on LinkedIn, friends on Facebook - confidential client relationship? Work details on Twitter etc Easily disseminated by mistake (eg info on clients / pricing) Data Protection Personal information is not easily removable Traceable online Intellectual Property Copyright material Trademarks Regulatory implications Your source for professional liability education and networking.
14 Legal Issues third party content Responsibility for third party content Website operators/isps Blogs Website terms and conditions Notification and takedown notices Godfrey v Demon Internet case Your source for professional liability education and networking.
15 Legal issues - employment BBC sacks two workers for misusing Twitter (Telegraph, Nov 2012) Eleven work and pensions civil servants sacked for using Twitter or Facebook (January 2013) Shop worker sacked by Nike for trying to sell his old trainers on Facebook (January 2013) Employee of the month sacked for calling her job a joke and her coworkers fake and lazy on Facebook (February 2013) Your source for professional liability education and networking.
16 Legal Issues - employment Damage to reputation from employee comments on social media Risks to employer s confidential information Risk of employer liability for employee actions Hiring policies Monitoring of employees social media use Use and misuse of social media sites at work: - excessive use - bullying and discrimination - public or private? Your source for professional liability education and networking.
17 Public or private post? Your source for professional liability education and networking.
18 What can we do about it? Internal risk management - increase awareness of risks as well as benefits - use and increase privacy settings - have an internet/social media policy in place - make sure people are aware of it External facing risk management - website terms and conditions - act promptly on complaints and notifications - use the same media to deal with adverse content? Your source for professional liability education and networking.
19 Final remarks Mistakes often do, and will happen! Ensure the right policies and procedures are in place We can t beat the social media phenomenon - so may as well join it Treat electronic communication as you do anything else you write Remember write everything as if it was to be read out in court Your source for professional liability education and networking.
20 Social Media - the Legal Risks Chris Holme Partner at Clyde & Co LLP Your source for professional liability education and networking.
21 SOCIAL MEDIA RISKS AND REWARDS IN BUSINESS Lisa Hansford-Smith Senior Underwriter XL Insurance Co. Ltd. Yo u r s o u r c e f o r p r o f e s s i o n a l l i a b i l i t y e d u c a t i o n a n d n e t w o r k i n g.
22 Social Media Companies are far more complex than they used to be. There are may different routes to market social media being one of them. Most companies take time to react but social media is ruthless in terms of time. P r o f e s s i o n a l L i a b i l i t y U n d e r w r i t i n g S o c i e t y
23 Risks just to name a few Libel Reputational damage Intellectual Property breach Privacy breach P r o f e s s i o n a l L i a b i l i t y U n d e r w r i t i n g S o c i e t y
24 Several deadly sins Anything can leak out Do not become over reliant on social media Do not over post Keep negativity at bay Do not promote anything that you would not want your family to read Never fight with anyone else on social media Take legal action in private if necessary Citation: Miriam Slozberg April P r o f e s s i o n a l L i a b i l i t y U n d e r w r i t i n g S o c i e t y
25 Management of social media Need to take social media as seriously as the other exposures a company faces. Do not put someone in charge just because they know how to use facebook. This is a publishing exposure and needs to be treated as such. P r o f e s s i o n a l L i a b i l i t y U n d e r w r i t i n g S o c i e t y
26 Insurance perspective Can insure social media exposures but this depends upon the following: Social media/media risk mangement strategy Posting review Education of staff re social media strategy and acceptible behaviour P r o f e s s i o n a l L i a b i l i t y U n d e r w r i t i n g S o c i e t y
27 About XL Group plc XL Group plc, through its subsidiaries, is a global insurance and reinsurance company providing property, casualty and specialty products to industrial, commercial and professional firms, insurance companies and other enterprises throughout the world. XL Group plc s insurance companies offer property, casualty, professional and specialty insurance products globally. Businesses that are moving the world forward choose XL as their partner. To learn more, visit xlgroup.com/insurance. XL Group plc s reinsurance companies are among the world s leading reinsurers. They offer products that include aerospace, property, casualty, marine and specialty. The world s top insurers choose XL to help move their businesses forward. To learn more, visit xlgroup.com/reinsurance. We are the organization clients look to for answers to their most complex risks and to help move their world forward. To learn more, visit xlgroup.com P r o f e s s i o n a l L i a b i l i t y U n d e r w r i t i n g S o c i e t y 7
28 Introduction by CEO Mairi Mallon Your source for professional liability education and networking.
29 Risk and Rewards of Social Media for Business Professional Liability Underwriting Society
30 There is no doubt social media can be confusing... Professional Liability Underwriting Society 3
31 But actually, it is fairly simple Professional Liability Underwriting Society 4
32 Risks. High-jacking of social media platforms Who has your handle? Professional Liability Underwriting Society
33 Live tweets Professional Liability Underwriting Society
34 @HMVtweets to over 70,000 followers We re tweeting live from HR where we re all being fired! Exciting!! #hmvxfactorfiring Just overheard our Marketing Director (he s staying, folks) ask How do I shut down Twitter? Professional Liability Underwriting Society 7
35 Solution: Lock down your channels, own the passwords and have CLEAR GUIDELINES Professional Liability Underwriting Society
36 REPUTAION Social media amplifies a message. So what happens in a crisis? Professional Liability Underwriting Society
37 Professional Liability Underwriting Society
38 THE IMPORTANCE OF TRAINING AND GUIDELINES Professional Liability Underwriting Society
39 Professional Liability Underwriting Society
40 Do you understand this? Professional Liability Underwriting Society
41 Rewards Show expertise Show a more human face of the company Increase coverage in newspapers and magazines Tell a story about the company Raise brand awareness Professional Liability Underwriting Society
42 Rewards Celebrate yourself and your industry Assist recruitment Start campaigns that could give clout among regulators/ratings agencies Recognition among existing and potential clients. It is a relationship business a great way to build relationships Professional Liability Underwriting Society
43 It is not rocket science It is more dangerous not to know what is going on Watch and learn from others Get guidelines and training for your staff Use your younger members of staff who will already live and breathe social media Professional Liability Underwriting Society
44 Professional Liability Underwriting Society
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