You can’t force employees to use their own laptops or smartphones for work, but what about if
you’re just giving them a stipend to buy their own laptop?
You probably already know that employees who bring their own devices to work can be a boon
to the company. They can work from home, and they can access company data from virtually
anywhere. But those devices also present legal issues for employers.
If you plan on asking employees to use their own computers and devices to do company work,
make sure they understand the trade-offs and dangers—for example, that they could be required
to turn over their devices if they sue you or they quit.
Here are some of the legal risks:
Privacy laws: Companies have a duty under federal law to protect employee information on
their computers, including Social Security numbers and health records. If an employee uses
his/her own device for work purposes, employers should tell employees how much information
will be stored on their device and how it will be used. Employees also need to know whether
their personal information will be shared with third parties (and if so, which ones).
Trade secrets: Employers should also consider how sensitive documents might be stored on
personal devices or shared through email or social media sites such as Facebook or LinkedIn.
This can include documents containing trade secrets (such as customer lists), confidential
information (such as sales figures) or other proprietary
In the last few years, many employers have turned to employee-owned devices as a way to save
money and reduce IT headaches. But there are legal risks involved in allowing employees to
use their own devices for work purposes.
Losses in case of theft or loss. If an employee loses his or her device, who will pay for it? And
if someone steals it? Can you require employees to pay for all or part of the replacement cost
out of pocket? Will you allow them to buy a new one with company funds? Or will you
reimburse them for the cost only if they buy one with their own money?
Data security risks. Employees may not have adequate security software installed on their
devices, or they may not update their software often enough. In addition, many companies have
policies requiring users to encrypt confidential data on their computers; some states have laws
requiring encryption if certain conditions exist.
The consequences of sharing equipment or using private equipment inthe company
