Originally published by Claudia Alvarado.

Remote Work and Business Security: An IP Issues Checklist to Go By

It’s been said that virtual working and remote employees would steadily create the future era for businesses seeking lower overhead and flexibility. However, in the abrupt change calling for social distancing amid the COVID-19 outbreak, many employers seeking to maintain business as usual have been thrown headfirst into virtual working without having put much thought into the process or the legal implications. For those without a prior plan in place, here is a remote work checklist of important intellectual property issues to consider for business security.

Remote Work for Social Distancing

As the general public focus goes to the unfolding global pandemic with many asking “what’s next?” it’s important for business owners to seek to preserve the integrity of the companies they have built by safeguarding business security and their intellectual property rights. Companies that taken these measures will be in a better position to persevere through trying times:

1. Address and Maintain Privacy Policies

2. Protect Trade Secrets and Other Company Intellectual Property

3. Implement and Maintain Cyber Security Safeguards

4. Utilize Employee Agreements and Company Policies

Addressing Privacy Concerns with Remote Work Employees

Regardless of the economy facing the effects of a pandemic, privacy laws, regulations, and concerns remain an important part of operating a business. More than ever, with the change in how things are being done to continue business with remote workers using home offices to complete daily tasks, virtual meetings peering into private spaces, dealing with illness, childcare, etc., information and data privacy is at the forefront.

For business security, every business should have privacy policies regarding both how consumer information and employee private information is handled. If you haven’t already, it would be prudent to let employees know that company privacy policies are still in effect and offer addressing any specific privacy concerns with employees individually. As business continues with remote work capabilities, employers should not only remind employees to continue to follow privacy policies, but refresh the policies to address how those policies can be properly executed in a virtual work environment scenario.

Protecting Intellectual Property When Employees Work Remotely

Intellectual property is a valuable asset that should be protected, especially during vulnerable times. Although some businesses may need to temporarily put a hold on expanding certain assets during possibly trying times, there are some IP rights that should be getting strengthened protection now due to remote work employment scenarios.

Prosperous businesses each have something unique that makes them successful. Whether it is the people, a coveted lists of leads, a secret business “recipe,” a brand known for great customer service, or something else, these business advantages should be protected as business trade secrets and intangible assets as they give your business security and that competitive edge. As the need for remote work environments continues, these IP assets are most at risk. Finding ways to help ensure trade secrets remain secrets and that brands maintain positive images in consumers’ eyes are important for business owners to stay competitive in the future.

Businesses will benefit from having written intellectual property guidelines for employees to follow. This can include best practices, how to use or not use copyrighted content, how to use and display trademarks, procedures for securing trade secret information, and the like. With remotely working employees being a big part of running a business right now, such guidelines should address protection of IP under such working circumstances.

Cyber Security Safeguards in Remote Work Environments

Most companies have business security protection with cyber security protocols involving email, servers, company data management systems, and other business contained data and systems. However, as employees work remotely, did such measures get left behind at the business location?

Technology has afforded companies to take advantage of a myriad of ways to allow for cyber security measures as business expands to remote work capabilities. The use of cloud technology for file sharing and storage can help alleviate the concern for data management allowing employees to work from just about anywhere with an Internet connection.

However, the advantages of using such cloud technology are minimized if remote work employees are using personal computers without anti-virus software and using public Wi-Fi networks to access the Internet. Therefore, for optimal business security, employers should have policies and procedures to help ensure the best cyber security measures are being used, especially when workers are accessing business information remotely. For example, even if employers must allow employees to use their own equipment, such equipment should be vetted for proper standards, such as having anti-virus software, having properly licensed software, and including the minimum system requirements for accessing business networks and virtual private networks (VPNs).

As discussed previously, compliance with privacy laws is an ever-growing concern especially as technology evolves. The importance of confidentiality around business files and how consumer data is handled is of utmost importance for business security as employers are pushed into running business in a virtual environment. Employers should take measures to help ensure employees are able to keep company data secure on company servers rather than on employee computers where data is not secure and more vulnerable to loss or privacy issue concerns.

Employment Agreements & Company Policies for Remote Work Employees

While many companies may utilize general employment agreements and company policies, many do not have specific employment-related agreements and policies that address “what if” scenarios, or address work-from-home requirements, much less business security concerns of “in the case of a global pandemic” situation. This is a time for business owners to revisit existing agreements and consider revising and/or adding new agreements and policies to better handle the current business landscape, forced remote work requirements, and continued evolution of how business technology is utilized.

As many companies have been forced into the furlough of employees to stay afloat, there lingers an uncertainty of what the future may bring. Employers may want to consider creative ways to reduce overhead and yet maintain workers with special employment agreements. Additionally, temporary employment agreements or independent contractors agreements can be alternatives to consider. Likewise, people that sit waiting with no tangible prospect of future employment may turn to competitors in seeking work, taking with them valuable knowledge and experience. There are many scenarios that can take place, especially during times of uncertainty for many. Employers should consider consulting with counsel experienced in drafting special employer-employee agreements and company policies that can address the issues of most importance and concern to your organization and situation.

One recurring issue with employees working from home or using their own equipment is who owns the electronic files the employees create? Addressing this in an employment agreement up front is likely much less expensive than filing an unfair competition lawsuit if an ex-employee competes with the company using electronic files created during the prior employment.

Key Measures For Business Security and IP Protection in Remote Work Environments

As businesses are forced into work-at-home scenarios due to the current social distancing regulations, there are a few basic issues employers should focus on, to remain afloat, competitive, and in a best position to endure trying times: