2 Tips for Legally and Ethically Monitoring Employees Online

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2 Tips for Legally and Ethically Monitoring Employees Online 1. Set written policies. It's important to create a corporate policy on Internet and device usage that makes rights and responsibilities clear to everyone -- and that bolsters your case should you face a legal challenge. Employers should define their risks and security needs, weigh employees' expectations and develop a policy that strikes a balance, Walls says. Set rules for acceptable use of email, instant messaging, social networks, blogging and Web surfing, as well as for downloading software and apps. Also, consider establishing an electronic code of conduct for employees to sign. A policy also should spell out how monitoring will be done and how data will be secured or destroyed, Walls says. Protect your business and your employees by putting a high-level manager in charge and putting checks and balances on his or her power. 2. Inform your workforce. Explain the risks to the business from improper use of digital assets, the company's digital policy, the limits on employee privacy in the workplace and the fact that monitoring will occur. "You need to have the transparency, that fully informed consent, or you run into morale issues or legal issues," Walls says. Moreover, simply letting people know you're watching can have an important deterrent effect. Only Delaware and Connecticut require employers to notify employees about electronic monitoring, but it's a sound practice wherever you live, Flynn says. Reassure employees by saying: "Listen, we're not electronic voyeurs. We're not monitoring because we're nosy and want to find out all about your divorce. ... We are monitoring because we are obligated to maintain a compliant workplace." Encourage employees to keep private communications to home computers and personal smartphones.