Legal issues

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1. If an employee commits a computer offence using company resources during working hours, who then is liable?

   The employer is liable unless the action in question is clearly prohibited in either a user protocol or an internet regulation, and that this regulation is put into practice. According to legislation, the employer is usually liable towards third parties for all illegal or punishable acts undertaken by the employee. The employer can only recoup damage in the event of intent or 'gross negligence'. A user protocol can explain the burden of proof further.

2. Supposing someone watches or downloads porn during working hours, using company resources, is instant dismissal justifiable?
    
3. The housekeeping rules were added to the contract of employment between the employee and employer as a separate document, which includes a section on computer and internet use during working hours. Is this enough?  
    
4. In the meantime a number of changes on computer and internet use during working hours have been implemented, with the latest change pinned to the noticeboard in the canteen. Is this enough? 
    
5. Our organisation does not have filtering installed to block threatening websites (i.e. porn, gambling, webmail, etc.). It appears though that employees still end up on these websites, be it deliberately or not.  If this proves to be damaging , who is liable? 
    
6. An unsecured company laptop is used at home to visit threatening websites (sex, gambling, etc.) and to download illegal software. If this proves to be damaging, who is liable? 
    
7. Personal smart phones, iPads etc. that can communicate over the internet are used during working hours. Can we forbid this? 
    
8. Many primary and secondary education schools do not have filters installed that prevent children being unwittingly confronted with porn, gambling or any other form of threatening websites. Can the school management be held accountable for this? 
    
9. If pupils chat, use social media, or play violent games on school computers, and as such demonstrate threatening, bullying or any other form of prohibited behaviour, can the school management be held accountable for this?  
    
10. How do we monitor or filter internet use within the legal framework?

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Would you like to know which legal issues apply to your organization? YourSafetynet can answer all your questions. Contact our legal department for professional advise. Fill out the form below for a callback appointment

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