Protecting Your Business and Employees: Crafting Beneficial Social Media Policies

1. Protecting Your Business and Employees:
How to Create Beneficial
Social Media Policies
www.TheKellerLawFirm.com
Presented By:
Kelley Clements Keller, Esq.

2. The Constitution and Creativity
 U.S. Constitution – Article 1, Sec. 8, Cl. 8
 “To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries”
 What does this mean today?
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3. What is a Beneficial Policy?
 Creating Beneficial Social Media Policies
 Beneficial = helpful in the meeting of needs (www.dictionary.com)
 Policy = a definite course of action (www.dictionary.com)
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4. The “Why” and “How”
 Creating Beneficial Social Media Policies
 Why Do We Need Them?
 How Do We Craft Them?
 How Do We Manage Them?
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5. Why Do We Need Them?
 Why Do We Need Beneficial Social Media Policies?
 It’s the Wild West and the Sheriff is Nowhere To Be Found
 Volatile
 Uncertain
 Chaotic
 Ambiguous
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6. Why Do We Need Them?
 Why Do We Need Beneficial Social Media Policies?
 Mismanaged Social Media Activity is Risky Business
 Collateral Damage: Legal; Financial; Personnel/HR
 The GlassDoor.com Problem
 The Social Media Identity Crisis: Whose Information Is It?
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7. Why Do We Need Them?
 Why Do We Need Beneficial Social Media Policies?
 Opportunity for Increased Employee Loyalty and Morale
 The “Zone of Fairness” Allows
for Meaningful Engagements
 Decreased Frustration and
Confusion in the Workplace
 Mitigate Against Future Disputes
 Foster Creativity Through Clear
Boundaries Without Unreasonable
Restrictions
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8. How Do We Create Them?
 How Do We Craft Beneficial Social Media Policies?
 Plan
 Create
 Execute
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9. The Process: Plan
 How Do We Craft Beneficial Social Media Policies?
 Plan
 Understand that No Standards for Best Practices Exist
 No Model Rules
 No Legal Precedent
 Fast Moving Technologies
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10. The Process: Plan Cont’d
 How Do We Craft Beneficial Social Media Policies?
 Plan
 Identify the Strategic Goals Social Media is
to Accomplish for Your Business/Company
 Engage Key Stakeholders
 Determine Clear Outcomes
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11. The Process: Plan Cont’d
 How Do We Craft Beneficial Social Media Policies?
 Plan
 Determine Who is Responsible for Creating and Enforcing Your
Policy : Legal? HR?
 Establish Rewards for Employee Compliance and Consequences
for Noncompliance
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12. The Process: Create
 How Do We Craft Beneficial Social Media Policies?
 Create
 Establish the Elements of the Policy
 Who Owns What?, e.g. Followers, Handles, Content
• The PhoneDog Debacle
 Develop a Monitoring Policy
 Analytics to Measure ROI
 Internal and External Communications
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13. The Process: Create Cont’d
 How Do We Craft Beneficial Social Media Policies?
 Create
 When Something is Unclear or Uncertain, Go Back to the Basics
 Same Principles as Employment and Labor Law
 National Labor Relations Act (NLRA) Section 7
• Protected “Chatter” and Concerted Activities
 Policy Restrictions are Being Debated By the National Labor
Relations Board (NLRB)
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14. The Process: Create Cont’d
 How Do We Craft Beneficial Social Media Policies?
 Create
 Ensure the Policy Maximizes
Political Economy
 Well-Run Organization:
• Efficient
• Growth Trajectory
• Managing Risk Rather Than Reacting to Crisis
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15. The Process: Execute
How Do We Craft Beneficial Social Media Policies?
 Execute
 Ensure Compliance
 Compliance With Terms and Conditions of Platforms
• Stay Abreast of Changes
• Create A Culture of “Playing By the Rules”
 Employee Compliance With Firm’s Social Media Policy
• Avoid Liability for Copyright or Trademark Infringement
• Steer Clear of Harassment and Discrimination
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16. Workshop: OFF, Inc.
 Putting It Into Action
 Organic French Fries, Inc.
 Identify Stakeholder’s Interests
 Develop Statement of Strategic Goals
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17. Workshop: OFF, Inc.
 Organic French Fries, Inc. Company Overview:
 Young Company with 26 Employees
 Organic Potatoes Fried in Coconut Oil with Special Seasoning
 Special Seasoning – Proprietary Blend
 Multiple Distribution Channels, e.g. Retail Outlets
 Considering Franchise Options
 Quality Control
 Cause-Related Marketing – Broaden Charitable Base
 Increase Donation from 2¢ to 5¢ to Assist Small Organic Farmers
 In-House IT; Web Development; Comptroller
 Outside Marketing and Legal Counsel
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18. Thank You!
www.TheKellerLawFirm.com
Kelley Clements Keller, Esq.
(717) 386-5035
kkeller@thekellerlawfirm.com
@KelleyKeller
/TheKellerLawFirmLLC
/KelleyKeller