Companies looking to embrace the benefits of modern technology including computers, smart phones and tablets should implement employment policies that clearly regulate what employees may and may not do with the work tools provided to them.

That’s the view of by Shelley Wilson, Partner at pan-African corporate law firm Bowman Gilfillan: “Given the potential for abuse and confusion, the increasing use of technology in the workplace has necessitated that employers implement policies which clearly regulate behaviour.

“One of the ways of ensuring that work tools are only used for work-related purposes is to include a clause in employees’ contracts informing them that they should not have an expectation of privacy, and that the employer has the right to monitor their use of the work tools provided to them, including accessing communications.

“In the knowledge that their employer may at any time monitor their usage of work tools and intercept electronic communications, employees may be less likely to conduct personal activities during working hours.”

Although section 2 of the Regulation of Interception of Communication Related Information Act of 2002 provides that an employer may not intentionally intercept an employee’s e-mail, exceptions to the general prohibition are contained in sections 5 and 6 of the Act.

Section 5 is the most important as it allows the interception of communication with the consent of the party to that communication.

“For this reason, it is important that employers ensure that their contracts of employment or internet and email policy contain provisions that inform employees that they should not have an expectation of privacy in relation to their use of employer-provided resources, and that the employer has the necessary consent to intercept employees’ communications when using the employer’s work tools,” said Ms Wilson.

Similarly, the most effective way to manage employees’ use of social media websites like Facebook and Twitter would be in terms of their contracts of employment or a social media policy that regulates the use of social media sites during working hours, irrespective of whether or not they are using the company’s property to gain access to these platforms.

One of the most commonly used methods of managing employees’ use of social media platforms during working hours is to block access to these platforms when using the company’s equipment.

According to Steven Adams, Associate at Bowman Gilfillan, “Outside of working hours, the more important question is in relation to the content that is posted by employees.

“If the content of statements made is defamatory or has the potential to bring the employer’s name into disrepute, the employer would be within its rights to take disciplinary action against the employee. Ultimately, the employer would have to make an assessment on whether or not the content transgresses its code of conduct and warrants disciplinary action.”