How Can Employers Protect Their Confidential and Proprietary Information?

Social media also makes it easier than ever to connect and communicate with clients and co-workers and to disseminate information about a company's brand or services. Accordingly, employers should take steps to protect their social media presence, accounts, and contacts. While social media certainly has benefits, it also poses risks for employers when it comes to protecting their confidential information and trade secrets, particularly given social media's casual real-time feel that may lull employees into forgetting that all the restrictions that normally attach to work-related communications still apply. For example, work-related posts to social media are still subject to all relevant regulations, such as the SEC's Regulation FD, other regulatory requirements, and any policies the employer has in place regarding intellectual property, confidentiality, harassment, discrimination, and Internet use.

This article explores the developing law related to employee social media use and its effect on the confidentiality and protectability of employers' trade secrets and other proprietary information. It also provides suggestions for concrete steps employers can take to safeguard that information in the social media age.