popularity of social media like Facebook,
Twitter and LinkedIn. Social media has
transcended languages, borders and
cultures; through social media a vast
amount of information is exchanged
daily and globally. People often post
personal and professional information.
This information can be viewed not
only by friends and relatives but also
by colleagues, clients and employers.
Consequently, as a Corporate Counsel,
you cannot ignore social media in a
corporate environment. Social media
can be a powerful tool you can use to
your advantage. On the other hand,
inappropriate use of social media can
influence the (online) reputation of
the company in an unwanted way. But
that is not all: social media can also
relationships. As a Corporate Counsel,
you are likely to be faced with questions
such as: "Are employers allowed to
monitor what information (future)
employees exchange and who they
exchange it with?" and "How should
I deal with employees who are telling
company secrets or are openly bad-
mouthing their employer or their
colleagues?"
Privacy legislation, which can vary
from jurisdiction to jurisdiction, often
plays an important role in employer-
employee relationships. However, the
key issues and pressure points are
similar worldwide. More specifically,
regarding employers, problems can arise
throughout all stages of the employment
relationship: that is, at the recruitment
and after the termination of employment.
on future employees to get an overall
picture of a person. But to what extent
are employers allowed to review social
media profiles and to what extent can
and may that influence the employer's
decision-making process? When hiring a
sales professional, it is good to know who
he is networking with. On the other hand,
social networking with competitors can
have a negative effect. Information on a
person's situation at home or in private
activities can be more important than
expected. Think, for instance, of difficult
care situations at home or of "dangerous"
hobbies.
But how does this relate to, for
instance, data privacy laws and anti-
discrimination laws? In the U.S., job
candidates need to provide the employer
with a written authorization prior to
a background check, whereas job
candidates in the United Kingdom must
be given the opportunity to first check
the accuracy of the online data collected
about them.
What Corporate Counsel Must Know
B.V.. He assists domestic and foreign businesses in the Netherlands
with corporate and commercial matters including litigation such
as business formation and reorganization, corporate governance,
insolvency law, employment issues, real estate issues and all
aspects of liability and contract law. He is the chair of the Primerus
International Outside Corporate Counsel Practice Group.
Reimersbeek 2
1082 AG Amsterdam
The Netherlands
+31 20 301 55 55 Phone
+31 20 301 56 78 Fax
reinier.russell@russell.nl
www.russell.nl
Kreuzstrasse 42
Zurich, Switzerland CH-8008
+41 44 254 99 66 Phone
+41 44 254 99 60 Fax
michele.stutz@mmepartners.ch
www.mmepartners.ch
litigation and is a Certified Specialist SBA Employment Law. Also,
she has profound experience in commercial and immigration law.
She is the vice chair of the Primerus International Outside Corporate
Counsel Practice Group.