Compliance Issues in Social MediaJune 18, 2013
Top 10 compliance issues to consider:
1) Statements made in social media will be held to the same standard as traditional advertising claims.
2) Companies may be responsible for what their customers, employees, celebrity spokespersons, and contractors say about them in social media.
3) Where the company does not review and approve social media messages of those with material connections to it before they are publicly distributed, it needs a program to train and monitor those who speak for it and take corrective action when violations occur.
4) Maintaining a good social media policy, which influencers are contractually obligated to follow, may help to stave off liability.
5) Be careful about restricting employee speech in your social media policy and using social media to make HR decisions.
6) Consider the medium, platform, industry, and jurisdiction in designing compliance efforts.
7) Be aware of special considerations regarding children.
8) Respect third-party intellectual property and publicity rights, and determine an appropriate policy regarding ownership of user-submitted content.
9) Perform due diligence on vendors and obtain an indemnity in your contract with them.
10) Don’t forget about social media evidence in litigation.
Source: Corporate Counsel