Social Media and Employment Law: An International Survey


Book Description

In the last few years, social media has become the primary way of communicating, not only among friends and colleagues but also between employers and employees and between companies and consumers. For employers, the phenomenon offers great opportunities, but also concomitant dangers due primarily to use of social media by employees and employees' representatives. Written in the context of employment laws as well as privacy laws, this book surveys the state of the law in over thirty key jurisdictions, including most of the developed countries of Europe, Asia, and North America and major developing countries worldwide. The publication arose from a seminar prepared by the editors and others at which it was clearly identified that internationally operating employers need a comprehensive and user-friendly multinational summary on employment and labour law questions arising in connection with the use of social media. The book is divided into country chapters, each written by a known local specialist. In order to easily 'navigate' through the issues for each country, the chapters follow a uniform structure, covering the applicable statutory regimes, case law, useful checklists, and recommendations. Among the issues and topics dealt with are the following: - employees' entitlement to use social media at the workplace; - whether employers can require the use of social media by employees; - right of employers to monitor employees' use of social media outside the workplace; - employers' potential liability for employees' misuse of social media; - right of employee representatives to use employers' equipment for social media purposes; - employers' remedies against misuse of social media by employees and employee representatives; - development and drafting of a social media policy; and - role of social media in employer–employee disputes. No other publication exists providing interested parties with a practical and strategic guide to legal issues affecting the use of social media in the workplace. With its easy-to-use country-by-country format and its expert recommendations, this unique resource will prove itself as an incomparable handbook for lawyers, human resources professionals, and in-house counsel advising or working for internationally operating businesses. It will also be of inestimable value for academics and policymakers concerned with the legal ramifications of social media use in the workplace.




Social Media and Employment Law


Book Description

The rapid growth of social media has led to the development of legal issues that have not arisen in the workplace before. Judges, CCMA commissioners, human resource practitioners and lawyers now have to grapple with novel concepts and conundrums.Includes bibliographical references and index.




Social Media in Employee Selection and Recruitment


Book Description

This timely resource offers fresh research on companies’ use of social media platforms—from Twitter and Facebook to LinkedIn and other career sites—to find and hire personnel. Its balanced approach explains why and how social media are commonly used in both employee recruitment and selection, exploring relevant theoretical constructs and practical considerations about their appropriateness and validity. Contributors clarify a confusing cyberscape with recommendations and best practices, legal and ethical issues, pitfalls and problems, and possibilities for standardization. And the book’s insights on emerging and anticipated developments will keep the reader abreast of the field as it evolves. Included in the coverage: · Social media as a personnel selection and hiring resource: Reservations and recommendations. · Game-thinking within social media to recruit and select job candidates. · Social media, big data, and employment decisions. · The use of social media by BRIC nations during the selection process. · Legal concerns when considering social media data in selection. · Online exclusion: Biases that may arise when using social media in talent acquisition. · Is John Smith really John Smith? Misrepresentations and misattributions of candidates using social media and social networking sites. Social Media in Employee Selection and Recruitment is a bedrock reference for industrial/organizational psychology and human resources academics currently or planning to conduct research in this area, as well as for academic libraries. Practitioners considering consulting social media as part of human resource planning or selection system design will find it a straight-talking guide to staying competitive.







The Right to be Forgotten


Book Description

Longlisted for the 2022 Inner Temple Main Book Prize The Right to be Forgotten is one of the most publicised areas of the GDPR and has received massive worldwide publicity following judicial and legal developments in Europe. Individual data regulators have increased powers and importance in dealing with RtbF rights for individuals, and it is more important than ever for them to be up to date. The new, second edition, is fully updated to include: - the increasing importance of the role of RtbF in relation to media content (newspapers and television media in particular). - the evolving jurisprudence in terms of RtbF generally, especially in light of increased understanding of the GDPR RtbF and the landmark Google Spain RtbF case. - the recent Google France case. - the potential for group actions, class actions, and litigation funding, in relation to RtbF issues This title is included in Bloomsbury Professional's Intellectual Property and IT online service.




Directors’ Liability: A Worldwide Review


Book Description

This acclaimed reference book for international business lawyers first appeared in 2006, with a second edition in 2010. Now in its third edition, and once again published in conjunction with the International Bar Association, this comparative study of a crucial issue in corporate law gives practitioners a powerful and decisive tool for ascertaining and comparing the law affecting directors’ liability in today’s globalizing economies. Covering nearly fifty jurisdictions worldwide (including eight not previously covered), the third edition affords senior lawyers in major firms the opportunity to provide concise, detailed, and easy-to-understand summaries on his or her home law on directors’ liability. Authors whose research appeared in earlier editions have updated their chapters, and the case law summarized and analysed now reflects published cases through the end of March 2016. The contributions describe the relevant law in force in each particular jurisdiction, along with an insightful discussion of trends and future prospects. For each of the different jurisdictions the authors detail and explain such factors as the following: - national legal theories of director liabilities; - recent cases dealing with directors’ liability; - corporate governance; and - indemnification and insurance. Where applicable, coverage also includes the legal implications of jurisdictional variations in such matters as judicial review, lawyer directorship, directors’ reliance on outside professionals, and the effect of the European Action Plan. References have been thoroughly updated throughout, and include many new online sources. This publication will be of enormous value to legal practitioners, whether in private practice or in the legal department of a globally active company, as a comprehensive and easy means of access to the law of foreign jurisdictions on directors’ liability.




Corporate Social Responsibility – Sustainable Business


Book Description

In a dramatic departure from its voluntary origins, corporate social responsibility (CSR) is rapidly shifting to hold multinational companies accountable for more than traditional shareholder performance. This CSR movement is embracing new environmental, social and governance (ESG) frameworks that both promote global sustainability goals and enhance accountability for negative impacts businesses can have on ‘planet and people’. This collection of essays by leading businesspeople, international civil servants, legal practitioners, academics, and other experts offers a forward-looking and pragmatic perspective that illuminates the major themes in this movement towards increasingly sustainable, transparent and accountable business practices. The collection shows how CSR has evolved to account for societal pressures, environmental, climate change and human rights impacts, international policy imperatives and the practical challenges of regulating commercial activity that transcends borders. The chapters offer an in-depth examination of current issues including: international frameworks and multistakeholder initiatives catalysing foundational change; the shifting emphasis on corporate imperatives to avoid harm to third parties; trends in CSR, focused on assuring the planet's future sustainability and social stability; regulatory initiatives around the globe, including Europe, North America, Asia and Africa; and extended accountability for activities of corporate group members and supply chains. The pressure and business case for companies to incorporate CSR into corporate governance is intensifying with each quarter, shareholder meeting, and regulatory agenda. The integration of CSR and new ESG frameworks into multinational corporate strategy and operations is key to sustainable business models that can generate long-term value for the organization and all stakeholders. Their acceptance as cornerstones of 21st century business practice appears inevitable. Taking full account of the imperative for companies and their lawyers to grapple with the practical and legal challenges in this area, this volume is an invaluable and pragmatic addition to the practitioners’ toolbox at this important juncture in an ever-more dynamic field.




Comparative Labor Law


Book Description

Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This bo




The Internet of People, Things and Services


Book Description

The transformational technologies of the Internet-Web compound continue to exert a vast and readily apparent influence on the way we live and work. In recent times, internet penetration is now very high in most parts of the world, impacting the context and content of the workplace and the boundary between work and private life is even more porous. Not only has the reach increased, but the technologies to access the Internet-Web have further evolved towards increasing portability. The hardware evolution from desktops to laptops to mobile technologies (phones, tablets, watches, eyeglasses) marches forward. The increasing mobility and 24/7 accessibility offers the opportune time to revisit the transformations occurring. Today the Internet consists of billions of digital devices, people, services and other physical objects with the potential to seamlessly connect, interact and exchange information about themselves and their environment. Organizations now use these digital devices and physical objects to produce and consume Internet-based services. This new Internet ecosystem is commonly referred to as the Internet of People, Things and Services (IoPTS). In this follow-up to their 2006 volume, Simmers & Anandarajan examine how The Internet of People, Things and Services (IoPTS) transforms our workplaces. Information and communications technology (ICT) expansion from desktops to laptops to ubiquitous smart objects that sense and communicate directly over the internet – the IoPTS - offers us the opportune time to revisit how the Internet transforms our workplaces.




Social Media and the Law


Book Description

Social media platforms like Facebook, Twitter, Instagram, YouTube, and Snapchat allow users to connect with one another and share information with the click of a mouse or a tap on a touchscreen—and have become vital tools for professionals in the news and strategic communication fields. But as rapidly as these services have grown in popularity, their legal ramifications aren’t widely understood. To what extent do communicators put themselves at risk for defamation and privacy lawsuits when they use these tools, and what rights do communicators have when other users talk about them on social networks? How can an entity maintain control of intellectual property issues—such as posting copyrighted videos and photographs—consistent with the developing law in this area? How and when can journalists and publicists use these tools to do their jobs without endangering their employers or clients? Including two new chapters that examine First Amendment issues and ownership of social media accounts and content, Social Media and the Law brings together thirteen media law scholars to address these questions and more, including current issues like copyright, online impersonation, anonymity, cyberbullying, sexting, and live streaming. Students and professional communicators alike need to be aware of laws relating to defamation, privacy, intellectual property, and government regulation—and this guidebook is here to help them navigate the tricky legal terrain of social media.