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Do You Allow an Employee to BYOD?

Posted by Atty. Harvey I. Lapin on March 1, 2015

The author began the discussion of BYOD’s in a previous column.

  BYOD means Bring Your Own Device and it relates to employees bringing and using their own computer, smart phone or other device at their employer’s business. This subject continues to be of tremendous current interest in the legal and business community. The initial column only listed some of the issues. This column will cover my initial response to those issues.

1.      Should an employer prohibit employees from BYOD to the premises?

    As a practical matter, it probably is impossible to prevent employees from bringing some of their devices to the workplace. Almost everyone now has a cell phone and most of these phones are referred to as “smart phones.” A smart phone is basically a small very powerful computer. Smart phones are already functioning within your organization, probably accessing email and calendars, using your Wi-Fi, if your company has it and probably saving corporate data. The question isn’t about allowing or denying access anymore, the question for today is about management of the situation.

2.      If BYOD is permitted should an employer allow the employee to join the employer’s computer and other systems?

    This is probably the primary issue related to this subject. One of the primary benefits of allowing employees to bring their own devices is the employer’s savings in the cost of buying and maintaining devices it might otherwise be required to provide. Another benefit is to improve the efficiency of an employee in obtaining needed information.

    For example, customers do not like to wait while an employee uses a shared computer to obtain information. The cost of providing individual computers for each employee might be prohibitive as versus allowing the employee to access the necessary information on their own device.

3.      If an employee is permitted to join and use the employer’s systems, should there be restrictions?

    Of course there should be restrictions. Unrestricted use of the computer system of a business is an invitation to disaster.

4.      What type of restrictions should be imposed?

    On a minimum basis employees should agree that they will not use the employer’s systems for personal use. A password should be required and if possible only registered devices allowed to use a system. Since many industry records contain confidential information about families, the employee should agree that the employee only uses the personal device and does not share it with their family members.

5.      Should an employer allow the use of social media on its systems by employees that BYOD?

    This is a difficult subject. Social media can be a useful source about potential customers so access may be beneficial. Alternatively, an employer would not want an employee to be wasting time posting information on a face page or texting friends.

6.      Should the employer develop a BYOD plan and how should it be communicated to employees?

    Employers should develop a written plan for their own business. Employees should be provided with a copy of the plan and be required to affirm in writing that they have received, read and agree with the plan.

  The discussion of this topic will continue in future columns.

  This article is for the information of Readers and does not constitute legal advice. All Readers should accordingly consult with their own attorney to make sure they are in compliance with the legal requirements for their own companies.



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