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EmBRAcINg THE OppORTUNITIES,
                  AvERTINg THE RISkS.




                                               prepared by




                                               August 2009




© 2009 RUSSELL HERDER and ETHOS BUSINESS LAW
SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS.




                  INTRODUcTION
                  There is little question that social media is high on the agenda of corporate and nonprofit decision-makers
                  across the United States. Love it or hate it, Facebook, Twitter, YouTube, blogs and more are increasingly
                  common for effectively reaching both internal and external audiences. Yet, while many in management
                  have embraced the idea of delving into social networking waters, many of these same individuals have
                  supported policies that prevent their own employees from using these new communication channels.
                  Why? What are their concerns? And, more importantly, what are they doing to address them?

                  In July 2009, relevance management specialists Russell Herder and Ethos Business Law embarked
                  on a research study to gain nationally-based insight on these important questions. The results
                  were fascinating. more than eight in 10 executives said they have concerns about social media and
                  its implications for both corporate security and reputation management. Yet, surprisingly, only one
                  in three said they have implemented social media guidelines and only 10 percent have undertaken
                  related employee training.

                  In the following document, you will read a recap of this important study as well as best practices on
                  development of a sound social media policy.

                  It is our hope that this information will help management, marketing and human resource professionals
                  engage in the social media conversation – both using these new communication opportunities
                  and addressing any underlying concerns – not as unilateral dictates, but as natural extensions of
                  corporate values and ethics.




                               carol Russell                       David Baer
                               cEO                                 president
                               Russell Herder                      Ethos Business Law




© 2009 RUSSELL HERDER and ETHOS BUSINESS LAW
SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS.



                  THE RESEARCH:
                  KEY FINDINGS
                  Social media has become a fixture on communication agendas across
                  the country, fueled by the fact that Americans spent 73 percent1 more
                  time on social networking sites in the past year alone. But social media
                  use is also generating its share of corporate heartburn.
                        According to new research findings,                                    Despite these apprehensions, social networking
                        confidence exists in social networking as                              is being accepted as a key communications
                        viable communication outreach, but so                                  strategy. According to survey results, eight
                        do worries about the potential liabilities.                            in 10 believe social media can enhance
                        concerns regarding social media use                                    relationships with customers/clients (81%)
                        were acknowledged by some eight in 10                                  and build brand reputation (81%). Almost 70
                        businesses participating in a recent national                          percent feel such networking can be valuable
                        study undertaken by Russell Herder and                                 in recruitment (69%), as a customer service
                        Ethos Business Law.                                                    tool (64%) and can be used to enhance
                                                                                               employee morale (46%). The most popular
                          Social Media: A Corporate Security Risk?
                                                                                               vehicles being used include Facebook (80%),
                                                                                               Twitter (66%), YouTube (55%), LinkedIn (49%)
                                               No,                                             and blogs (43%).
                                               19%
                                                                                                       Social Media Vehicles Being Used
                                                                                                   Facebook       80%
                                                       Yes,                                           Twitter     66%
                                                       81%
                                                                                                    YouTube       55%
                                                                                                    LinkedIn      49%
                                                                                                        Blogs     43%
                                                                                                   Wikipedia      24%
                        Fifty-one percent of senior management,                                         Flickr    16%

                        marketing and human resources executives                                    Yammer        11%
                                                                                                    MySpace       8%
                        fear social media could be detrimental to
                                                                                                    Delicious     7%
                        employee productivity, while almost half                                         Digg       3%
                        (49%) assert that using social media could                               Second Life      1%

                        damage company reputation.                                                      Other     9%
                                                                                                                  Multiple responses allowed




                                                                    Perceived Value of Social Media
                                                Enhance relationships with customers/clients    81%
                                                                 Build our company’s brand      81%
                                                                Be a viable recruitment tool    69%
                                                                  Be a customer service tool    64%
                                                                  Enhance employee morale       46%
                                                                                     Multiple responses allowed


 1
     “The Online global media Landscape: Identifying Opportunities in a challenging market.”
      The Nielsen company, April 2009. The Nielsen company.
      http://blog.nielsen.com/nielsenwire/wp-content/uploads/2009/04/nielsen-online-global-lanscapefinal1.pdf

© 2009 RUSSELL HERDER and ETHOS BUSINESS LAW
                                                                                  (3)
SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS.




      particularly as millennials compose a greater share of                          people. And only 13 percent have included
      corporate ranks, social networks are likely to become                           social media in their organizations’ crisis
      more popular as communication channels with                                     communications plans.
      customers, colleagues and partners.
                                                                                                  Social Media’s Inclusion
           Reasons Management Uses Social Media                                               in Crisis Communications Plan
      Read what customers may be          52%
        saying about our company
                                                                                                                        Yes,
             Monitor a competitor’s       47%
                use of social media                                                                                     13%
       See what current employees         36%
                   may be sharing
         Check the background of a        25%
             prospective employee

             None/personal use only       16%
                                                                                                                    No,
                                                                                                                    87%
                                Other     8%
                                        Multiple responses allowed



      Much of senior management’s direct experience                                   As well recognized as the benefits of social media
      with social media appears to be reactive versus                                 appear to be, executives believe social media can
      proactive, an interesting fact given the confidence                             potentially be detrimental to employee effectiveness
      they express in these new mediums. The majority                                 and company reputation. In fact, those surveyed who
      (72%) of executives say that they, personally, visit social                     are not using social media on a corporate basis say
      media sites at least weekly to read what customers may                          non-implementation is primarily due to concern about
      be saying about their company (52%), and to routinely                           confidentiality or security issues (40%), employee
      monitor a competitors’ use of social networking                                 productivity (37%) or simply not knowing enough
      (47%). One in three search social media sites to see                            about it (51%).
      what their employees are sharing (36%); or check
                                                                                                       Viewpoints on Social Media
      the background of a prospective employee (25%).
                                                                                         Our technology blocks employee access to
                                                                                                                                           40%
                                                                                               online social media for any purpose.
      Even though social media communication is growing,                              We encourage employees to interact on social
                                                                                                                                           26%
                                                                                          media to further our business objectives.
      only one in 10 executives say they have staff who
                                                                                        We allow employees to use social media for
      spend more than 50 percent of their time on such                                        personal purposes during work hours.
                                                                                                                                           25%

      efforts – perhaps somewhat surprising given that                                                             Multiple responses allowed
      half of the organizations surveyed employ over 1,000
                                                                                      This may be why many organizations continue to
                If You’re Not Using Social Media, Why?                                prohibit workplace access to social networking sites.
                Don’t know enough about it         51%                                The recently completed Russell Herder/Ethos study
              Confidentiality/security issues       40%                                found that 40 percent of companies technically block
  Concerned about employee productivity            37%
                                                                                      their employees from accessing social media while at
                                                                                      work. At the same time, 26 percent of companies use
            Currently researching/planning         14%
                                                                                      social media to further corporate objectives and just
                               No need for it      7%
                                                                                      over seven in 10 said they plan to increase the use of
                                        Multiple responses allowed
                                                                                      these new opportunities.




© 2009 RUSSELL HERDER and ETHOS BUSINESS LAW
                                                                                (4)
SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS.




                  Projected Use of Social Media                                          conducted relevant employee training. Why? One
                                 (Over Next Year)                                        of the main reasons, according to respondents, is
                                                          Decrease,
                                                             2%                          uncertainty about what to include in such policies.


                           Maintain,                                                                      Companies Having a             Employee Training
                            25%                                                                        Written Social Media Policy             on Social M

                                               Increase,
                                                                                                                                                       Yes
                                                 73%                                                                                                   10%
                                                                                                                               Yes,
                                                                                                                               31%


                                                                                                                   No
                                                                                                                   69%
        The most common reason why these entities are using                                                                                           No,
                                                                                                                                                      90%
        social media are for brand-building (82%), networking
        (60%), customer service (32%) and sharing work-
        related project information (26%).
        Remarkably few efforts are being made to mitigate

                        Reasons for Using Social Media
                               Brand-building      82%
                                                                                                                   If No Policy...Why?
                                  Networking       60%                                       Not sure what to include    25%

                            Customer service       32%                                        Hasn’t been addressed      13%

  Sharing work-related project information         26%                                      Don’t think it’s important   9%

                    Competitive monitoring         25%

                            Sales prospecting      21%

                                     Research       19%                                  Ignoring the need for responsible guidelines can
                                         Other     19%                                   impede an organization’s ability to protect itself,
                                       Multiple responses allowed                        while at the same time hampering efforts to
                                                                                         effectively compete in the marketplace. As Forbes.com
        perceived risks. Only one in three businesses                                    recently noted about the urgency to establish such
        surveyed has a policy in place to govern social                                  policies, “…if you think [social media guidelines]
        media use, and only 10 percent said they have                                    don’t apply to you, you are probably already on
                                                                                         the endangered species list.” 2




 2
     Ross, Joshua-michele. “A corporate guide For Social media.” O’Reilly Insights on Forbes.com, June 30, 2009.
      www.forbes.com/2009/06/30/social-media-guidelines-intelligent-technology-oreilly.html

© 2009 RUSSELL HERDER and ETHOS BUSINESS LAW
                                                                                   (5)
SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS.



                  BEST PRACTICES:
                  TEN KEY ELEMENTS OF A GOOD SOCIAL MEDIA POLICY
                  Should employees be encouraged to use social networking to enhance
                  marketing outreach? Or will such activity impede productivity in an
                  already tight economy? And what about reputational risk? These and
                  other questions are clearly on the minds of today’s management.
                        In a 2009 social networking study3 by Deloitte              The national research conducted by Russell
                        LLp, 74 percent of employed Americans believe               Herder and Ethos Business Law revealed that
                        it’s easy to damage a brand’s reputation via                eight in 10 businesses have concerns about
                        sites such as Facebook and Twitter. more                    the potential liabilities of social media. Yet,
                        sobering yet, Deloitte reported that nearly                 only a third have a policy in place to govern
                        one–third of those surveyed say they never                  social media use.
                        consider what management, co-workers
                        or their clients would think before posting                 Instead of ignoring the need for
                        material online.                                            responsible guidelines, organizations
                                                                                    of all sizes should begin to define
                        These behavioral implications are not going                 their strategy regarding social media,
                        unnoticed. In a poll4 conducted this year                   and most importantly, the rules for
                        by the anti-virus firm Sophos, 66 percent of                employee engagement. By doing so,
                        corporate system administrators said they                   management can take advantage of the
                        worry that employees who share personal                     benefits offered by these new communication
                        information on social networking sites will                 channels while mitigating undue risk.
                        put their company’s IT infrastructure at risk. A
                        quarter of these businesses also reported that              Think you’re covered with your current
                        they have been the victim of spam, phishing,                policies? perhaps not. Social media is a far
                        and malware attacks via sites such as Twitter,              different animal than traditional technology. A
                        Facebook, LinkedIn and mySpace.                             company’s current policies on IT matters
                                                                                    are usually not sufficient.
                        Yet these same security experts observed
                        that a corporate lock-out isn’t the answer.                 The truth is, all companies are different. Thus
                        By denying staff access to social networking                the rules for creating and implementing a social
                        sites, Sophos observed that organizations                   media policy are not universal. They must take
                        run the risk of driving their employees to                  the form, substance, philosophy and culture of
                        find a way around the ban — and thus                        the organization to which they apply. However,
                        potentially open up even greater holes in                   the following are 10 important elements to
                        corporate defenses.                                         include in a good social media policy.




 3
   “Social Networking and Reputational Risk in the Workplace.” Deloitte LLp, 2009.
   www.deloitte.com/dtt/cda/doc/content/us_2009_ethics_workplace_survey_220509.pdf
 4
   “Two-thirds of Businesses Fear That Social Networking Endangers corporate Security,
   Sophos Research Reveals”. Sophos, April 28, 2009.
   www.sophos.com/pressoffice/news/articles/2009/04/social-networking.html

© 2009 RUSSELL HERDER and ETHOS BUSINESS LAW
                                                                           (6)
SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS.




       1 Overall Philosophy. An effective social media policy             productivity. For example, is it acceptable for
         should define the company’s overall philosophy on                an employee to post on a personal blog during
         social media and be consistent with its culture.                 their lunch break? Or, can an employee tweet
         For example, does the company have a supportive,                 on business-related topics during the work day?
         open philosophy on the use of social media or a                  Remember, the new work force does not live
         stronger, more limited embrace of this technology?               in an eight-to-five world. The focus should be
                                                                          on job performance instead of “company time.”
       2 Honesty and Respect. One of the most important
         aspects of a policy is a requirement that employees           6 Avoid Conflicts of Interest. conflicts of interest
         be open, honest, respectful and transparent in                  come in many forms – especially when engaging
         their usage of social media – especially in the                 in social media. The policy should discuss how to
         business context.                                               identify potential conflicts of interest, what types of
                                                                         conflicts are prohibited and who to talk to when
       3 Confidential and Proprietary Information.                       in doubt.
         Disclosure of confidential or proprietary information
         through social media can be prevalent. Especially             7 Include a Disclaimer. Employees should make it
         since this type of communication is often                       clear that their views about work-related matters
         viewed as less formal than other, there is                      do not represent the views of their employer or
         increased risk for inadvertent disclosure.                      any other person. The policy should require a
         guidelines should reinforce the company’s                       disclaimer, such as the following, when there is
         confidentiality and proprietary information policies            the possibility for confusion between business and
         and apply such to the social media environment.                 personal identity: The views expressed on this blog
                                                                         are mine alone and do not represent the views of
       4 Online Identity. When engaging in online                        my employer or any other person.
         social networking, it is important to differentiate
         an employee’s personal identity from his or her               8 Monitoring. The policy should state whether
         business identity. While regulating employees’                  – and to what extent – the company has the right
         usage of their personal identity may be outside                 to monitor social media usage and identify any
         of the scope of a company social media policy,                  associated disciplinary guidelines.
         defining such is fair game. For example, is it
         acceptable to have an employee’s business                     9 Universal Application. A social media policy
         name and title be connected to a personal blog                  should apply to everyone, not just a subset of
         post which is critical of a certain political party?            employees (i.e., the marketing department).
         Is it acceptable for employees to post their work
         e-mail addresses on blogs discussing controversial            10 Other Policies. Other company policies, such as
         topics? An effective policy must address such                    those on workplace environment, discrimination,
         issues and define acceptable limits.                             harassment, ethics, code of conduct and others
                                                                          apply even in the cyber-land of social media. An
       5 Focus on Job Performance. There is a lot of                      effective policy should remind internal audiences of
         discussion on whether social media hurts worker                  these obligations and relate them to social media.




© 2009 RUSSELL HERDER and ETHOS BUSINESS LAW
                                                                 (7)
SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS.




      While this list is not exhaustive, it serves as a starting         •	 Training on Various Topics. The training should
      point to develop a strategy and policy around social                  not just be a powerpoint presentation that
      media that can serve to protect corporate interests, yet              summarizes the policy. Such a session should be
      allow employees to further an organization’s overall                  an interactive educational opportunity to ground
      social media goals.                                                   employees in the social media philosophy, motivate
                                                                            employees to participate in such mediums and
      And while having a good social media policy in                        ensure they understand the rules of engagement.
      place is imperative, it’s just as important to educate                This is the company’s opportunity to create
      your team on why compliance is important. Clearly                     “social media evangelists” within the
      defined guidelines, alone, will not change how                        employee ranks.
      employees behave online. To truly mitigate the
      potential risks, a well defined training plan should               •	 Training Should be Ongoing. One training
      reinforce key social media policies while encouraging                 session is not enough. companies should engage
      good decisions based on the company’s values                          in ongoing training that grows as social networking
      and ethics.                                                           evolves to reinforce guiding principles and ensure
                                                                            employees are best equipped to implement the
      An effective training plan should have the following                  company’s social media strategy.
      attributes:
      •	Engagement. Social media philosophy and                          A well defined strategy, coupled with clear policies
         policy should be introduced to employees in a                   and effective training will place your company in the
         comprehensive, yet engaging manner, grounded                    best position possible to take full advantage of social
         in the company’s values and ethics. The focus                   media’s potential.
         should be upon educating employees on what
         social networking is, why it is important to the
         company and how employees can – and should –
         engage with social media.

      •	 Inclusiveness. The training plan should cover
         every employee of the company – from the most
         senior executive to the most junior intern. It must
         be clear to employees that social media is accepted
         and relevant at all levels of the company. While it
         may be appropriate to vary the training content
         depending on the audience, no class of employee
         should be excluded.




© 2009 RUSSELL HERDER and ETHOS BUSINESS LAW
                                                                   (8)
SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS.



      METHODOLOGY
      The study providing a foundation for the white paper, “Social media: Embracing the Opportunities, Averting
      the Risks,” was conducted by minneapolis-based Russell Herder and Ethos Business Law in July 2009.
      A total of 438 randomly selected management, marketing and human resources executives within
      companies across the United States completed the online survey, providing a statistical reliability of +/-4.8
      percent at the 95 percent confidence level.


      ABOUT US
      Russell Herder and Ethos Business Law provide strategy, counsel and executive briefings on social media for
      corporate clients nationwide. Having served clients for over 26 years, Russell Herder specializes in relevance
      management – leveraging research, social media and strategic creative to build meaningful relationships
      between individuals and organizations. Russell Herder offers clients across the United States deep insights
      and proven, measurable solutions. Ethos Business Law is a leader and innovator in providing responsive legal
      services to dynamic, progressive companies through business-centric tools.




      To find out more about Russell Herder and Ethos Business Law:




      carol@russellherder.com                     info@ethoslaw.com
      612.455.2375                                612.767.3311
      100 S. Fifth St., Suite 2200                10 S. Fifth St., Suite 700
      minneapolis, mN 55402                       minneapolis, mN 55402
      www.russellherder.com                       www.ethoslaw.com




© 2009 RUSSELL HERDER and ETHOS BUSINESS LAW

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Social Media: Embracing the Opportunities, Averting the Risks Whitepaper

  • 1. EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS. prepared by August 2009 © 2009 RUSSELL HERDER and ETHOS BUSINESS LAW
  • 2. SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS. INTRODUcTION There is little question that social media is high on the agenda of corporate and nonprofit decision-makers across the United States. Love it or hate it, Facebook, Twitter, YouTube, blogs and more are increasingly common for effectively reaching both internal and external audiences. Yet, while many in management have embraced the idea of delving into social networking waters, many of these same individuals have supported policies that prevent their own employees from using these new communication channels. Why? What are their concerns? And, more importantly, what are they doing to address them? In July 2009, relevance management specialists Russell Herder and Ethos Business Law embarked on a research study to gain nationally-based insight on these important questions. The results were fascinating. more than eight in 10 executives said they have concerns about social media and its implications for both corporate security and reputation management. Yet, surprisingly, only one in three said they have implemented social media guidelines and only 10 percent have undertaken related employee training. In the following document, you will read a recap of this important study as well as best practices on development of a sound social media policy. It is our hope that this information will help management, marketing and human resource professionals engage in the social media conversation – both using these new communication opportunities and addressing any underlying concerns – not as unilateral dictates, but as natural extensions of corporate values and ethics. carol Russell David Baer cEO president Russell Herder Ethos Business Law © 2009 RUSSELL HERDER and ETHOS BUSINESS LAW
  • 3. SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS. THE RESEARCH: KEY FINDINGS Social media has become a fixture on communication agendas across the country, fueled by the fact that Americans spent 73 percent1 more time on social networking sites in the past year alone. But social media use is also generating its share of corporate heartburn. According to new research findings, Despite these apprehensions, social networking confidence exists in social networking as is being accepted as a key communications viable communication outreach, but so strategy. According to survey results, eight do worries about the potential liabilities. in 10 believe social media can enhance concerns regarding social media use relationships with customers/clients (81%) were acknowledged by some eight in 10 and build brand reputation (81%). Almost 70 businesses participating in a recent national percent feel such networking can be valuable study undertaken by Russell Herder and in recruitment (69%), as a customer service Ethos Business Law. tool (64%) and can be used to enhance employee morale (46%). The most popular Social Media: A Corporate Security Risk? vehicles being used include Facebook (80%), Twitter (66%), YouTube (55%), LinkedIn (49%) No, and blogs (43%). 19% Social Media Vehicles Being Used Facebook 80% Yes, Twitter 66% 81% YouTube 55% LinkedIn 49% Blogs 43% Wikipedia 24% Fifty-one percent of senior management, Flickr 16% marketing and human resources executives Yammer 11% MySpace 8% fear social media could be detrimental to Delicious 7% employee productivity, while almost half Digg 3% (49%) assert that using social media could Second Life 1% damage company reputation. Other 9% Multiple responses allowed Perceived Value of Social Media Enhance relationships with customers/clients 81% Build our company’s brand 81% Be a viable recruitment tool 69% Be a customer service tool 64% Enhance employee morale 46% Multiple responses allowed 1 “The Online global media Landscape: Identifying Opportunities in a challenging market.” The Nielsen company, April 2009. The Nielsen company. http://blog.nielsen.com/nielsenwire/wp-content/uploads/2009/04/nielsen-online-global-lanscapefinal1.pdf © 2009 RUSSELL HERDER and ETHOS BUSINESS LAW (3)
  • 4. SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS. particularly as millennials compose a greater share of people. And only 13 percent have included corporate ranks, social networks are likely to become social media in their organizations’ crisis more popular as communication channels with communications plans. customers, colleagues and partners. Social Media’s Inclusion Reasons Management Uses Social Media in Crisis Communications Plan Read what customers may be 52% saying about our company Yes, Monitor a competitor’s 47% use of social media 13% See what current employees 36% may be sharing Check the background of a 25% prospective employee None/personal use only 16% No, 87% Other 8% Multiple responses allowed Much of senior management’s direct experience As well recognized as the benefits of social media with social media appears to be reactive versus appear to be, executives believe social media can proactive, an interesting fact given the confidence potentially be detrimental to employee effectiveness they express in these new mediums. The majority and company reputation. In fact, those surveyed who (72%) of executives say that they, personally, visit social are not using social media on a corporate basis say media sites at least weekly to read what customers may non-implementation is primarily due to concern about be saying about their company (52%), and to routinely confidentiality or security issues (40%), employee monitor a competitors’ use of social networking productivity (37%) or simply not knowing enough (47%). One in three search social media sites to see about it (51%). what their employees are sharing (36%); or check Viewpoints on Social Media the background of a prospective employee (25%). Our technology blocks employee access to 40% online social media for any purpose. Even though social media communication is growing, We encourage employees to interact on social 26% media to further our business objectives. only one in 10 executives say they have staff who We allow employees to use social media for spend more than 50 percent of their time on such personal purposes during work hours. 25% efforts – perhaps somewhat surprising given that Multiple responses allowed half of the organizations surveyed employ over 1,000 This may be why many organizations continue to If You’re Not Using Social Media, Why? prohibit workplace access to social networking sites. Don’t know enough about it 51% The recently completed Russell Herder/Ethos study Confidentiality/security issues 40% found that 40 percent of companies technically block Concerned about employee productivity 37% their employees from accessing social media while at work. At the same time, 26 percent of companies use Currently researching/planning 14% social media to further corporate objectives and just No need for it 7% over seven in 10 said they plan to increase the use of Multiple responses allowed these new opportunities. © 2009 RUSSELL HERDER and ETHOS BUSINESS LAW (4)
  • 5. SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS. Projected Use of Social Media conducted relevant employee training. Why? One (Over Next Year) of the main reasons, according to respondents, is Decrease, 2% uncertainty about what to include in such policies. Maintain, Companies Having a Employee Training 25% Written Social Media Policy on Social M Increase, Yes 73% 10% Yes, 31% No 69% The most common reason why these entities are using No, 90% social media are for brand-building (82%), networking (60%), customer service (32%) and sharing work- related project information (26%). Remarkably few efforts are being made to mitigate Reasons for Using Social Media Brand-building 82% If No Policy...Why? Networking 60% Not sure what to include 25% Customer service 32% Hasn’t been addressed 13% Sharing work-related project information 26% Don’t think it’s important 9% Competitive monitoring 25% Sales prospecting 21% Research 19% Ignoring the need for responsible guidelines can Other 19% impede an organization’s ability to protect itself, Multiple responses allowed while at the same time hampering efforts to effectively compete in the marketplace. As Forbes.com perceived risks. Only one in three businesses recently noted about the urgency to establish such surveyed has a policy in place to govern social policies, “…if you think [social media guidelines] media use, and only 10 percent said they have don’t apply to you, you are probably already on the endangered species list.” 2 2 Ross, Joshua-michele. “A corporate guide For Social media.” O’Reilly Insights on Forbes.com, June 30, 2009. www.forbes.com/2009/06/30/social-media-guidelines-intelligent-technology-oreilly.html © 2009 RUSSELL HERDER and ETHOS BUSINESS LAW (5)
  • 6. SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS. BEST PRACTICES: TEN KEY ELEMENTS OF A GOOD SOCIAL MEDIA POLICY Should employees be encouraged to use social networking to enhance marketing outreach? Or will such activity impede productivity in an already tight economy? And what about reputational risk? These and other questions are clearly on the minds of today’s management. In a 2009 social networking study3 by Deloitte The national research conducted by Russell LLp, 74 percent of employed Americans believe Herder and Ethos Business Law revealed that it’s easy to damage a brand’s reputation via eight in 10 businesses have concerns about sites such as Facebook and Twitter. more the potential liabilities of social media. Yet, sobering yet, Deloitte reported that nearly only a third have a policy in place to govern one–third of those surveyed say they never social media use. consider what management, co-workers or their clients would think before posting Instead of ignoring the need for material online. responsible guidelines, organizations of all sizes should begin to define These behavioral implications are not going their strategy regarding social media, unnoticed. In a poll4 conducted this year and most importantly, the rules for by the anti-virus firm Sophos, 66 percent of employee engagement. By doing so, corporate system administrators said they management can take advantage of the worry that employees who share personal benefits offered by these new communication information on social networking sites will channels while mitigating undue risk. put their company’s IT infrastructure at risk. A quarter of these businesses also reported that Think you’re covered with your current they have been the victim of spam, phishing, policies? perhaps not. Social media is a far and malware attacks via sites such as Twitter, different animal than traditional technology. A Facebook, LinkedIn and mySpace. company’s current policies on IT matters are usually not sufficient. Yet these same security experts observed that a corporate lock-out isn’t the answer. The truth is, all companies are different. Thus By denying staff access to social networking the rules for creating and implementing a social sites, Sophos observed that organizations media policy are not universal. They must take run the risk of driving their employees to the form, substance, philosophy and culture of find a way around the ban — and thus the organization to which they apply. However, potentially open up even greater holes in the following are 10 important elements to corporate defenses. include in a good social media policy. 3 “Social Networking and Reputational Risk in the Workplace.” Deloitte LLp, 2009. www.deloitte.com/dtt/cda/doc/content/us_2009_ethics_workplace_survey_220509.pdf 4 “Two-thirds of Businesses Fear That Social Networking Endangers corporate Security, Sophos Research Reveals”. Sophos, April 28, 2009. www.sophos.com/pressoffice/news/articles/2009/04/social-networking.html © 2009 RUSSELL HERDER and ETHOS BUSINESS LAW (6)
  • 7. SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS. 1 Overall Philosophy. An effective social media policy productivity. For example, is it acceptable for should define the company’s overall philosophy on an employee to post on a personal blog during social media and be consistent with its culture. their lunch break? Or, can an employee tweet For example, does the company have a supportive, on business-related topics during the work day? open philosophy on the use of social media or a Remember, the new work force does not live stronger, more limited embrace of this technology? in an eight-to-five world. The focus should be on job performance instead of “company time.” 2 Honesty and Respect. One of the most important aspects of a policy is a requirement that employees 6 Avoid Conflicts of Interest. conflicts of interest be open, honest, respectful and transparent in come in many forms – especially when engaging their usage of social media – especially in the in social media. The policy should discuss how to business context. identify potential conflicts of interest, what types of conflicts are prohibited and who to talk to when 3 Confidential and Proprietary Information. in doubt. Disclosure of confidential or proprietary information through social media can be prevalent. Especially 7 Include a Disclaimer. Employees should make it since this type of communication is often clear that their views about work-related matters viewed as less formal than other, there is do not represent the views of their employer or increased risk for inadvertent disclosure. any other person. The policy should require a guidelines should reinforce the company’s disclaimer, such as the following, when there is confidentiality and proprietary information policies the possibility for confusion between business and and apply such to the social media environment. personal identity: The views expressed on this blog are mine alone and do not represent the views of 4 Online Identity. When engaging in online my employer or any other person. social networking, it is important to differentiate an employee’s personal identity from his or her 8 Monitoring. The policy should state whether business identity. While regulating employees’ – and to what extent – the company has the right usage of their personal identity may be outside to monitor social media usage and identify any of the scope of a company social media policy, associated disciplinary guidelines. defining such is fair game. For example, is it acceptable to have an employee’s business 9 Universal Application. A social media policy name and title be connected to a personal blog should apply to everyone, not just a subset of post which is critical of a certain political party? employees (i.e., the marketing department). Is it acceptable for employees to post their work e-mail addresses on blogs discussing controversial 10 Other Policies. Other company policies, such as topics? An effective policy must address such those on workplace environment, discrimination, issues and define acceptable limits. harassment, ethics, code of conduct and others apply even in the cyber-land of social media. An 5 Focus on Job Performance. There is a lot of effective policy should remind internal audiences of discussion on whether social media hurts worker these obligations and relate them to social media. © 2009 RUSSELL HERDER and ETHOS BUSINESS LAW (7)
  • 8. SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS. While this list is not exhaustive, it serves as a starting • Training on Various Topics. The training should point to develop a strategy and policy around social not just be a powerpoint presentation that media that can serve to protect corporate interests, yet summarizes the policy. Such a session should be allow employees to further an organization’s overall an interactive educational opportunity to ground social media goals. employees in the social media philosophy, motivate employees to participate in such mediums and And while having a good social media policy in ensure they understand the rules of engagement. place is imperative, it’s just as important to educate This is the company’s opportunity to create your team on why compliance is important. Clearly “social media evangelists” within the defined guidelines, alone, will not change how employee ranks. employees behave online. To truly mitigate the potential risks, a well defined training plan should • Training Should be Ongoing. One training reinforce key social media policies while encouraging session is not enough. companies should engage good decisions based on the company’s values in ongoing training that grows as social networking and ethics. evolves to reinforce guiding principles and ensure employees are best equipped to implement the An effective training plan should have the following company’s social media strategy. attributes: • Engagement. Social media philosophy and A well defined strategy, coupled with clear policies policy should be introduced to employees in a and effective training will place your company in the comprehensive, yet engaging manner, grounded best position possible to take full advantage of social in the company’s values and ethics. The focus media’s potential. should be upon educating employees on what social networking is, why it is important to the company and how employees can – and should – engage with social media. • Inclusiveness. The training plan should cover every employee of the company – from the most senior executive to the most junior intern. It must be clear to employees that social media is accepted and relevant at all levels of the company. While it may be appropriate to vary the training content depending on the audience, no class of employee should be excluded. © 2009 RUSSELL HERDER and ETHOS BUSINESS LAW (8)
  • 9. SOcIAL mEDIA: EmBRAcINg THE OppORTUNITIES, AvERTINg THE RISkS. METHODOLOGY The study providing a foundation for the white paper, “Social media: Embracing the Opportunities, Averting the Risks,” was conducted by minneapolis-based Russell Herder and Ethos Business Law in July 2009. A total of 438 randomly selected management, marketing and human resources executives within companies across the United States completed the online survey, providing a statistical reliability of +/-4.8 percent at the 95 percent confidence level. ABOUT US Russell Herder and Ethos Business Law provide strategy, counsel and executive briefings on social media for corporate clients nationwide. Having served clients for over 26 years, Russell Herder specializes in relevance management – leveraging research, social media and strategic creative to build meaningful relationships between individuals and organizations. Russell Herder offers clients across the United States deep insights and proven, measurable solutions. Ethos Business Law is a leader and innovator in providing responsive legal services to dynamic, progressive companies through business-centric tools. To find out more about Russell Herder and Ethos Business Law: carol@russellherder.com info@ethoslaw.com 612.455.2375 612.767.3311 100 S. Fifth St., Suite 2200 10 S. Fifth St., Suite 700 minneapolis, mN 55402 minneapolis, mN 55402 www.russellherder.com www.ethoslaw.com © 2009 RUSSELL HERDER and ETHOS BUSINESS LAW