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Control your legal risks

Cyber news
March 28, 2023

Mastering the legal risks for the company and its employees means adapting to country-specific laws, based on a database of URLs representative of employees' surfing habits.

Legal protection is country-specific

Specific regulations also apply in Belgium, Luxembourg and Switzerland.
Aseach country has its own specific laws, Olfeo has chosen to collaborate with 5 international law firms in order to precisely define and monitor legal and illegal boundaries. Olfeo offers specific solutions for the French, Belgian, Luxembourg and Swiss markets.

Olfeo has built up sets of categories for several countries, based on the applicable legal texts. The Olfeo Web security gateway includes the entire legal and illegal perimeter of your country in its URL databases, which can then be used to filter your employees' web access in compliance with legislation.

Internet access while controlling your legal risks

There are many legal issues involved in using the Internet in the office, and it's important to understand them. They can be broken down into 3 levels:

  • Criminal and civil rights
  • Compliance with labor laws
  • Personal data protection

Criminal and civil rights

Many sites are illegal under the law, either because of their content (child pornography, terrorism, etc.) or the products or services they offer (illegal gambling, drugs, etc.).

If the perpetrator of an illicit act on the Internet in the office can be prosecuted under both civil and criminal law, it is still necessary to be able to identify the perpetrator and, consequently, to log users. The employee's liability in no way excludes that of the manager or the company, on the basis of article 1242 (ex-article 1384) of the French Civil Code.

CRIMINAL LIABILITY

The company and its director are criminally liable for their own acts, as well as for the acts of their employees if the company is the beneficiary of the deviant act.

  • Art 121-1 of the French Penal Code: "No one is responsible for anything other than his own actions".
  • Art 121-2 of the French Penal Code: "Legal entities, with the exception of the State, are criminally liable [....] for offences committed, on their behalf, by their governing bodies or representatives".

THIRD-PARTY LIABILITY

The company and its directors are responsible for not having taken the necessary steps to avoid any deviations.

  • Art 1241 of the French Civil Code (ex-article 1383): "Everyone is liable for the damage he has caused, not only through his own actions, but also through his negligence or imprudence".

CIVIL LIABILITY FOR NEGLIGENCE

The company and its directors are responsible for not having taken the necessary steps to avoid any deviations.

  • Art 1241 of the French Civil Code (ex-article 1383): "Everyone is liable for the damage he has caused, not only through his own actions, but also through his negligence or imprudence".

LIABILITY FOR DEPLOYMENT OR ILLEGAL USE OF TECHNOLOGY

For having complied with requests made by the employer, which were manifestly unlawful in terms of the implementation, deployment or use of data relating to the filtering tool, for example.

Compliance with labor laws

Internet traffic must be regulated in compliance with social legislation. In most countries, it is compulsory to inform employees of the conditions of use of the Internet by means of a document known as an IT charter. To be applicable and enforceable, its distribution must comply with a number of criteria.
Olfeo offers a dedicated IT charter distribution function. Thanks to the retention of acknowledgement logs by the user, you are protected against possible abuse and control the issues linked to productivity in the workplace.

Personal data protection

Keeping nominative logs is mandatory in many countries. Access to these logs must comply with a very strict legal framework. Olfeo's functional coverage enables you to precisely delimit the modalities of access, notably by restricting administration rights.

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