PL Risk Blog

Law Compliance with Internal Communication

Written by Mike Smith | Feb 25, 2016 5:09:11 PM

As technology is modified and improved, so is the way in which businesses communicate. As electronic means are the typical form of exchange, companies must ensure that the messages sent are not capable of landing them in hot water. While litigation can arise out of these exchanges, it is important for companies to protect themselves with a sound Errors and Omissions Insurance policy.

Inside Counsel states that with the volume of information exchanged, companies should take great care to educate and inform their employees in regard to the ways within which information can be used; employees need to be aware of the categories of communications susceptible to use in litigation, as well as the business groups within the company who are more susceptible to litigation. By providing ongoing and thorough training, this can be achieved.

Employees should be informed that any communication, including email, text messages, social media, webinars, etc. can become the property of litigation. Therefore, these exchanges, especially on company phones and computers, need to be monitored.

It is the employer’s responsibility to enact protocols on these types of public communication. Each employee needs to sign an acknowledgment form to ensure their compliance and thus, reduce the susceptibility of exposing their employers to litigation. Employers need to be sure to include the information that determines which information is discoverable in a case and which information is protected by law.

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