Protecting Trade Secrets and Confidential Information In The Social Media Generation

Over the past decade, no avenue has had a bigger impact on society and the ways in which people interact than social media. Websites like Facebook, Twitter, LinkedIn, which traffic in information shared on its servers, encourage users to publish every detail of their lives. For employers, the reality of social media’s pervasiveness (and benefits) presents unique challenges in maintaining the integrity of trade secrets and confidential information accessible to employees. While it is always important to err on the side of caution in crafting effective social media policies for the workplace, employers must be aware of their legal limitations in setting parameters for appropriate use. To avoid the ire of the National Labor Relations Board (NLRB), companies must align their policies with the National Labor Relations Act (NLRA). In connection with the same, the Office of the General Counsel for the NLRB has recently issued its interpretation of how the Act applies to social media. Companies that rely on trade secrets and confidential information need to listen and make sure that their social media policies are compliant with the NLRA or risk that their valuable information is exposed and liability under the NLRA.

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