Effective and Compliant Employee Monitoring (Part One of Two)

When can companies “spy” on their employees? Monitoring can be crucial for compliance programs beyond just cybersecurity programs. It is a topic that many compliance officers need to be familiar with – employee digital activity is critical to reducing a variety of risks that employees pose (either inadvertently or maliciously) –  but companies do need to make sure they comply with consent and other legal requirements when implementing surveillance programs. This first part of a two-part series on the topic addresses the role of data monitoring, effective notice, legal considerations and specific policies regarding BYOD, termination and remote employees – including stories from the trenches. Part two will provide operational guidance on implementing effective and compliant monitoring programs, and discuss the contrasting rules and approaches in Europe, including the GDPR and the Barbulescu case. See “Balancing Employment Law Considerations During Corruption Investigations” (Sep. 20, 2017).

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