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Irish HR Meeting Wednesday 18 th April 2012 Deloitte.

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Presentation on theme: "Irish HR Meeting Wednesday 18 th April 2012 Deloitte."— Presentation transcript:

1 Irish HR Meeting Wednesday 18 th April 2012 Deloitte

2 Social Media Snapshot 2012 Irish Internet Association (State of the Net – Quarterly Bulletin – Spring 2012) Sunday Business Post 8 th April 2012 IRN Conference 2012 – remains top concern for employers 1 billion tweets posted per week 242 million apps downloaded Christmas Day 2011 In 2011 YouTube had more than 1 trillion views Social Media and the news – PR Issues going Viral!

3 Legal Issues Social Media largely untested in Irish legal system Defamation - Who is liable? Consumer Protection Issues - CPA 07 – EU Developments Intellectual Property Issues – Patents/Copyright/Trademark Data Protection and Privacy Issues – The Facebook Audit Employment Law and Hot Topics

4 Employment Law Hot Topics Ownership Issues - Who “owns” LinkedIn Contacts and Groups?  PenWell Publishing (UK) Limited v Ornstein & Others [2007] IRLR 700  Hayes Specialist Recruitment (Holdings) Limited and anor v Ions and anor [2008] All ER 216 Recruitment Issues – Can an employee be asked for their Social Media Passwords at Interview?

5 Employment Law Hot Topics Is an employee free to upload CV to LinkedIn or express an interest in new “opportunities”? - Flexman v BG Group Plc – Constructive Dismissal Company blogs – How to handle liability issues which arise Is blocking access to twitter and facebook private accounts at work an infringement of employees rights?

6 Attitude of Irish Courts/Tribunals Emma Kiernan v A wear Limited [UD 643/2007] Walker v Bausch & Lomb [2008] Aoife O’Mahony v PJF Insurances Limited [UD 933/2010]  Attitude of Courts in other Jurisdictions

7 What Employers Must Do Now!! Review Email and Internet Policies –Incorporate Social Media Policy or Draft Social Media Policy now!! What should a Social Media Policy cover? Training and Awareness are Key!!

8 Future Challenges Embrace Social Media but be vigilant! – Reputational Risk Scope of Workplace becoming broader Developing Law in relation to ownership and privacy issues Social Media and Schools Litigation – Service of Proceedings via social media


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