Discovery inc glassdoor7/25/2023 For example, new hire paperwork should include a signed acknowledgment that the employee is not bringing any documents with them (including photos of documents) from their prior employer.įor employers wishing to take advantage of all the benefits of BYOD policies, it is even more important now than when we cautioned you 10 years ago to develop and implement a BYOD policy tailored to your particular business and industry and delegate responsibilities, to ensure the policy is regularly reviewed and updated when circumstances change. It also is important to keep in mind that other policies may be implicated by employee-owned devices in the workplace as well. Of course, the policy should clearly state the consequences for an employee’s failure to comply and include a signed acknowledgment. It may also include stricter password requirements, the ability to remotely wipe the device, or installation of spyware protection software. The policy should address employee privacy concerns, including clear and specific terms of privacy expectations for employee-owned devices that are used for work purposes. Given the ease - and seemingly innocent nature - of an employee using their iPhone to “scan” a photo of a document in the course of their job, employers with BYOD policies should contemplate these issues and how to protect their trade secrets and confidential information from inadvertent retention and disclosure. When the employee quits and turns in the company phone, all of their previous work content may still be accessible in their iCloud account.Īlternatively, even if the company-owned phone is set up using a company-owned iCloud account, has the employee been allowed to connect any other personal devices to that same account? If so, those personal devices could inadvertently retain work content, even when the company iCloud account is wiped or deactivated. For instance, if a company iPhone is set up using the employee’s own personal iCloud or Apple account, the same issues could still arise. “My Employees are Required to use Company Phones, so This Doesn’t Affect Me.”Įmployers that require employees to use company-owned or company-paid smartphones for work-related purposes should still be cautious of these issues because of the nature of the cloud. For example, Texas state and federal courts have held that an employer generally does not have possession, custody, or control of text messages stored on its at-will employees’ personal cell phones and, therefore, the employer could not be compelled to produce them.
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