In the last few years, social media has become the primary way of communicating, not only among friends and colleagues but also between employers and employees and between companies and consumers. For employers, the phenomenon offers great opportunities, but also concomitant dangers due primarily to use of social media by employees and employees' representatives. Written in the context of employment laws as well as privacy laws, this book surveys the state of the law in over thirty key jurisdictions, including most of the developed countries of Europe, Asia, and North America and major developing countries worldwide. The publication arose from a seminar prepared by the editors and others at which it was clearly identified that internationally operating employers need a comprehensive and user-friendly multinational summary on employment and labour law questions arising in connection with the use of social media. The book is divided into country chapters, each written by a known local specialist. In order to easily 'navigate' through the issues for each country, the chapters follow a uniform structure, covering the applicable statutory regimes, case law, useful checklists, and recommendations. Among the issues and topics dealt with are the following: - employees' entitlement to use social media at the workplace; - whether employers can require the use of social media by employees; - right of employers to monitor employees' use of social media outside the workplace; - employers' potential liability for employees' misuse of social media; - right of employee representatives to use employers' equipment for social media purposes; - employers' remedies against misuse of social media by employees and employee representatives; - development and drafting of a social media policy; and - role of social media in employer–employee disputes. No other publication exists providing interested parties with a practical and strategic guide to legal issues affecting the use of social media in the workplace. With its easy-to-use country-by-country format and its expert recommendations, this unique resource will prove itself as an incomparable handbook for lawyers, human resources professionals, and in-house counsel advising or working for internationally operating businesses. It will also be of inestimable value for academics and policymakers concerned with the legal ramifications of social media use in the workplace.

The right to privacy is a fundamental right. Along with the related right to personal data protection, it has come to take a central place in contemporary employment relations and shows significant relevance for the future of work. This thoroughly researched volume, which offers insightful essays by leading European academics and policymakers in labour and employment law, is the first to present a thoroughly up-to-date Europe-wide survey and analysis of the intensive and growing interaction of workplace relations systems with developments in privacy law. With abundant reference to the EU’s General Data Protection Regulation, the case law of the European Court of Human Rights, and the work of the International Labour Organisation, the book proceeds as a series of country chapters, each by a recognised expert in a specific jurisdiction. Legal comparison is based on a questionnaire circulated to the contributors in advance. Each country chapter addresses the national legal weight of such issues and topics as the following: interaction of privacy and data protection law; legitimacy, purpose limitation, and data minimisation; transparency; role of consent; artificial intelligence and automated decision-making; health-related data, including biometrics and psychological testing; monitoring and surveillance; and use of social media. A detailed introductory overview begins the volume. The research for this book is based on a dynamic methodology, founded in scientific desk research and expert networking. Recognising that the need for further guidance for privacy at work has been demonstrated by various European and international bodies, this book delivers a signal contribution to the field for social partners, practitioners, policymakers, scholars, and all other stakeholders working at the crossroads of privacy, data protection, and labour law.

Seminar paper from the year 2016 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 2,0, University of applied sciences, Munich, language: English, abstract: This assignment provides an overview of the complexity of data protection and the usage of social networks that US-based companies have to deal with. The world wide web has brought many new opportunities for companies to globalize, expand and to make work processes paperless. Looking at the findings conducted for data protection laws it is a big surprise that the US has not implemented a federal data protection act, even though data protection and privacy is seen as a human right for most economically strong countries including Canada and Europe. Thus, the US data protection acts are split into several industries and works in a 'patchwork system'. This system made it more difficult for the US to trade with the European Union before both parties agreed on an EU-US Privacy Shield to protect European customer data. Secondly, this assignment identifies that Social Networks should not be included in the recruitment process of an employer but can be used as a platform for employees to discuss work processes or for the companies to promote its products and services. This is a legal procedure as long as the content posted is not illegal, obscene, incorrect, defamatory or invasive of privacy. The acceptance and openness for the US citizens to freely communicate online is a consequence of Americas 'free speech' philosophy. Additionally, a Business providing its own social network in form of a blog, content community or social media website is not held liable for the content that is being posted by users, however, the service provider has to have a system in place to be able to delete illegal content.

The Social Media Handbook is a comprehensive risk and compliance management toolkit that walks employers step-by-step through the process of developing and implementing effective social media policy and compliance management programs that are designed to minimize—and in some cases prevent—social networking and web 2.0 risks and other electronic disasters. Throughout this important resource Nancy Flynn (an internationally recognized expert on workplace social media) offers a guide to best practices for creating safe, effective, and compliant electronic business communications. The book contains a thorough review of the risks inherent in employees' social media use and content and explores how organizations can help manage behavior, mitigate risks, and maximize compliance through the implementation of strategic social media compliance management programs. These programs combine written policies, supported by comprehensive employee education and are enforced by proven-effective technology tools. Once these policies and programs are in place employers can safely take advantage of the marketing and communications benefits offered by social media. Covering a wealth of material, the book includes vital information on topics such as social media and the law; managing records and e-discovery compliantly; regulatory compliance; privacy and security; blog risks and compliance rules; mobile devices drive social media risks; a seven-step plan for social media policy and compliance management; conducting a social media audit; creating social media policies; content rules and compliance; policy compliance and education; reputation management; and more. In addition to addressing pertinent topics on risk management, the book contains cautionary, real-life social networking disaster stories that show how organizations can lose revenue and reputations, reveals how employees can lose jobs, and explains how individuals can face public humiliation. The Social Media Handbook is a hands-on guide written for human resource professionals, information technology managers, legal professionals, compliance officers, records managers, and others who need to manage today's technology tools with up-to-date employment rules.

This book contains the national reports and a comparative synthesis regarding the employment privacy law in the European Union. It reflects the background research that has been undertaken to prepare a European study conducted with the support of the European Commission, DG Employment, and Social Affairs. The main purpose of this research has been to undertake a comparative study in the European Union on the issue of the protection of workers' personal data, more in particular concerning the case of surveillance and monitoring. The study has focused on the situation in the various Member States of the European Union and has aimed to focus on the extent of the Member State laws and guidelines in this area, on whether such laws or existing guidelines adequately protect the worker, and on suggestions or recommendations or appropriate guidelines that would ensure suitable protection for the worker in relation to his or her monitoring and surveillance by the employer. The research has been undertaken under the supervision of the editor with the cooperation of the contributors who are all specialists in the field of employment privacy. Each expert has prepared a country study regarding the situation in the relevant Member State. The national research activities have resulted in a general discussion at a closed expert meeting on 4 and 5 October 2001, organised at the Law Faculty of the University of Leuven (Belgium). During this seminar, country surveys have been further explained and discussed, and policy options or suggestions have been looked upon in the examined field of study. The comparative overview departs from the horizontal approach of comparativism. This means that it integrates all relevant information regarding Member States horizontally, throughout the general theme and its appropriate subthemes. Contributions to this book are made by: C. Castro, X.C. Vásquez, M. Colucci, M. Forde, A. Höland, T. Homan, A. Johansson, L. Kanellos, J. Kristiansen, N. Melzer, G. Morris, S. Nerbonne, A. von Koskull.

Employers everywhere today must delicately balance the need to maintain a safe and proper workplace with employees rights and the risk of liability. The fact that new technologies make it easier for employers to monitor their employees whereabouts, communications, and activities only serves to make the issue more acute. Now, in this collection of essays by outstanding scholars and practitioners in U.S. labour law and practice, employers and their legal counsel will find a broad array of important contributions to the law and study of workplace privacy. Based on papers delivered at the 58th annual labour conference of the New York University Center on Labor and Employment Law, this book reflects and analyzes recent developments, providing the best comprehensive work on U.S. workplace privacy. How far should employers be allowed to go in monitoring employers? Where do employers rights to run their businesses end and employees privacy rights begin? Is the existing law sufficient to resolve recurring conflicts? These are among the big questions tackled in these articles. Among the many specific issues covered are the following: use of global positioning systems (GPS) in tracking employees; background checking for job applicants; email monitoring; physical monitoring of employees; scope and lawfulness of so-called lawful activity laws; employer involvement in employees nonworkplace behaviour (e.g., drug testing); employees rights of association; regulation of fraternizing and dating among employees; employee privacy issues in employer-union bargaining; privacy issues in public sector employment; privacy issues and threats of terrorism; and efforts by employers to verify employees nationality and immigration status. Authors pay special attention to fast-break developments such as in the extraterritorial reach of the European Union s data protection directive and the current status of the U.S. National Labor Relations Board s Register-Guard decision. A special feature is a very early draft of a chapter of the forthcoming Restatement (Third) of Labor and Employment Law made available through the graces of the American Law Institute on the U.S. common law of employee privacy rights. As always, this important annual publication offers definitive current scholarship in its theme area of labour and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in employment and labour relations law and practice.

'This book is a timely and welcome addition to the available literature, providing a well structured introduction to the key facets of international data privacy compliance. the guide provides the reader with clear guidance on managing the regulatory risk associated with data privacy compliance, notably in both the EU and the US. the use of checklists and an A-Z chapter are particularly welcome, as is the solution focused approach adopted throughout the guide. I recommend this book as a useful tool for obtaining an understanding of the practical issues thrown up by international data protection compliance.' – Colin Rooney, Partner, Technology Group, Arthur Cox 'Understanding and having an awareness of international data protection laws is becoming increasingly essential – not just for privacy professionals – but for everyone in our globally-networked and information-driven economy. True to its title, Determann's Field Guide is a smart, pragmatic, highly personal, and often funny reference that makes short work of simplifying opaque concepts and obliterates legal-jargon. In its eminently readable form, it will empower the uninitiated and deepen the understanding of the seasoned professional.' – Laura Hamady, Senior Corporate Counsel, Regulatory and Privacy, US 'This is a blueprint for an enterprise-wide privacy program that will cover 99% of all situations your company might encounter worldwide. It moves beyond "what do I need to think about" to "what do I need to do". An excellent resource for anyone tasked with running a holistic privacy program, or for CEOs who are considering whether they need to implement such a program.' – Patrick Hagan, JD, Privacy Consultant 'Determann's Field Guide takes the complicated subject of international privacy and breaks it down into helpful topics, checklists and suggestions. the focus on practical advice in an easy-to-use format makes it an ideal reference tool for in-house privacy professionals.' – Rebecca Matthias, Senior Corporate Counsel, Privacy & Data Protection, VMware, Inc. 'With the proliferation and diversity of privacy risks and international regulatory controls, and the increasingly obvious intersection of data security and privacy, no company can afford to overlook the importance of an up-to-date and well tailored global compliance program. For companies doing business in the cloud or transacting with consumers, a well considered international data privacy compliance program is not only a critical legal and liability control – it's fundamental to earning and maintaining the trust of your customers. In this comprehensive yet concise "field guide," Professor Determann has managed to consolidate an enormous breadth of legal requirements and best practices knowledge into a single, definitive reference that should be quite accessible even to non-privacy professionals. As general counsel of a multinational public company, I consider Determann's Field Guide to International Data Privacy Law Compliance to be a pragmatic and indispensable reference in improving our compliance program, and highly recommend it for anyone looking for clear, practical guidance on establishing or improving their data privacy program!' – Felix Sterling, Senior Vice President & General Counsel at Trend Micro Inc, US 'Determann's Field Guide to International Data Privacy Law Compliance is an indispensable handbook for international privacy professionals. Written by a star lawyer, it explains how to develop and maintain a corporate privacy compliance program. the book manages both to explain the "big picture" of global privacy challenges and to point out relevant details in a clear and concise fashion.' – Paul M. Schwartz, Berkeley Center for Law & Technology, US 'Determann's Field Guide is an insightful practical guide which should be on every privacy practitioner's desk.' – Daniel Blaettler, Vice President & Associate General Counsel, Verisign 'Lothar Determann has done a great service to the field of privacy by providing practical, workable advice for a dynamic and challenging issue. This Field Guide will certainly be a valuable, and soon dog-eared, addition to any privacy professional's reference library.' – J. Trevor Hughes, President and CEO, International Association of Privacy Professionals Companies, lawyers, privacy officers, developers, marketing and IT professionals face privacy issues more and more frequently. Much information is freely available, but it can be difficult to get a grasp on a problem quickly, without getting lost in details and advocacy. This is where Determann's Field Guide to International Data Privacy Law Compliance comes into its own – helping to identify issues and provide concise practical guidance in an increasingly complex field shaped by rapid change in international laws, technology and society. Determann's field guide focusses on the compliance issues that are likely to be encountered by the majorities of companies. Starting with an overview of the key concepts in the field in order to provide a basic understanding of data privacy, the book offers practical advice on initiating, maintaining, and then auditing a compliance program, with checklists designed to assist this process. the book also gives step-by-step guidance on drafting documentation for data privacy compliance, including notices, consent forms, agreements, protocols, request forms and government notifications, and provides sample documentation to use as a model. A handy A-Z of data privacy compliance completes the book and gives a concise tour of privacy-related issues, from Advertising to Zip Codes. Lightweight enough to carry around, the book should be on the desk and in the briefcase of every compliance officer and corporate counsel. Key Features: • Concise overview of the practical requirements of data privacy compliance • Step-by-step guide to starting and maintaining a compliance programme • Advice on drafting documentation gives the user the tools to complete an end-to-end process • Glossaries of key acronyms and terms help the user to navigate through the field • Includes sample documentation and checklists to ensure the clearest possible guidance • Clear structure facilitates quick reference.

Your must-have resource on the law of higher education Written by recognized experts in the field, the latest edition of The Law of Higher Education offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee's clear, cogent, and contextualized legal guide proves more and more indispensable every year. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you're ready for anything that may come your way. Includes new material since publication of the previous edition Covers Title IX developments and intellectual property Explores new protections for gay and transgender students and employees Delves into free speech rights of faculty and students in public universities Expands the discussion of faculty academic freedom, student academic freedom, and institutional academic freedom If this book isn't on your shelf, it needs to be.