Using technology in your business can be a game-changer, especially for small businesses. From tracking attendance with HR software and using biometric entry systems to chatting on team communication platforms, technology boosts efficiency, saves time, and can even improve team engagement. But with these benefits come some legal considerations that small business owners need to keep in mind to stay compliant and protect both the business and their employees.
Here are five key legal areas to consider when integrating technology into employee management, along with steps to help mitigate risks.
Privacy
Employees have the right to a reasonable level of privacy in the workplace. This covers any monitoring you might want to implement, such as CCTV or digital activity tracking, as well as the personal data you collect and manage. Simply because you provide workplace technology doesn’t mean you have blanket rights to monitor or access all employee communications. For instance, if you read a clearly personal email or message, you must have valid justification for doing so.
The more technology you implement, the more detailed a picture you can potentially form of your employees’ personal lives, habits, and activities – even without direct monitoring. It’s essential to consider privacy and data minimisation when setting up new systems.
Security breaches
With technology, you’re likely handling an increasing amount of employee data. Protecting this data is not only essential for compliance with data protection legislation, but it’s also critical for upholding your contractual obligations with employees, clients, customers, and suppliers. Failing to implement adequate security measures could result in a data breach, putting confidential information at risk.
Human rights considerations
In addition to data protection rights, employees also have privacy rights under the Human Rights Act. Monitoring of personal communications or CCTV surveillance at work could infringe on these rights if it’s unjustified or done without employees’ knowledge. Make sure any monitoring aligns with these rights and is transparent.
Copyright and licensing
Using the internet in the workplace can sometimes unintentionally lead to copyright or licensing breaches, for which you as the employer could be held liable if the breach occurs in the course of employment. Educate staff on respecting copyright and usage licenses, and provide guidelines to prevent unintentional violations.
Confidentiality and trade secrets
Social media and online sharing have created new risks around confidentiality. Careless or inappropriate use of social media, whether during or outside work hours, can lead to the unintentional disclosure of trade secrets, client information, or employee data. This could leave your business vulnerable to legal action for breaching confidentiality agreements or contracts.
What can you do?
Here are some proactive steps to help protect your business:
1. Establish a strong data protection policy
Clearly outline how you manage and protect employee data and ensure staff understand their responsibilities regarding data handling.
2. Provide employee privacy notices
Ensure these notices accurately reflect all data being processed, including anything captured by technology like CCTV or entry systems.
3. Implement a social media and internet use policy
Set clear guidelines around acceptable social media and internet usage inside and outside work, and outline potential consequences for breaches of confidentiality, copyright, or other protections.
4. Be transparent about monitoring
Inform employees of any monitoring, whether it involves phone calls, emails, or CCTV, and consult them on any new monitoring plans. Ensure there’s a valid business purpose for any surveillance.
5. Clarify software licensing restrictions
If your team has access to licensed software, ensure they’re aware of any usage restrictions and that they don’t share access credentials with unauthorised individuals.
These steps will help you embrace the benefits of technology while keeping legal risks in check, so you can focus on growing your business securely and responsibly.
If you need any further advice on legal considerations when integrating technology into employee management, do get in touch.