Managing the legal risks of the company and its employees means adapting to the specific laws of the country by relying on a database of URLs representative of employees' surfing habits.
Legal protection is specific to each country.
For Belgium, Luxembourg, and Switzerland, specific regulations also apply.
Each country has its own specific laws, so Olfeo has chosen to collaborate with five international law firms in order to precisely define the legal and illegal boundaries and to monitor them. Olfeo offers specific solutions, particularly for the French, Belgian, Luxembourg, and Swiss markets.
Olfeo has therefore created category sets for several countries based on applicable legislation. The Olfeo web security gateway incorporates the entire legal and illegal scope of your country within its URL databases, which can then be used to filter your employees' web access in accordance with the law.
Accessing the Internet while managing your legal risks
There are many legal issues related to internet use in the workplace that are important to understand. These can be divided into three categories:
- Criminal and civil rights
- Compliance with labor law
- Protection of personal data
Criminal and civil rights
Many websites are illegal under the law, either because of their content (child pornography, terrorism, etc.) or because of the products or services they offer (illegal gambling, drugs, etc.).
While the perpetrator of an illegal act on the internet at work can be prosecuted in both civil and criminal courts, it is still necessary to be able to identify them and therefore to log users. The employee's liability does not in any way exclude that of the manager and the company on the basis of Article 1242 (formerly Article 1384) of the Civil Code.
CRIMINAL LIABILITY
The company and its manager are criminally liable for their own actions as well as those of their employees if the company benefits from the misconduct.
- Article 121-1 of the Criminal Code: "No one shall be held liable except for their own actions."
- Article 121-2 of the Criminal Code: "Legal entities, excluding the State, are criminally liable [...] for offenses committed on their behalf by their management or representatives."
CIVIL LIABILITY
The company and its CEO are responsible for failing to implement the necessary measures to prevent any misconduct.
- Article 1241 of the Civil Code (formerly Article 1383): "Everyone is liable for damage caused not only by their actions, but also by their negligence or carelessness."
CIVIL LIABILITY FOR NEGLIGENCE
The company and its CEO are responsible for failing to implement the necessary measures to prevent any misconduct.
- Article 1241 of the Civil Code (formerly Article 1383): "Everyone is liable for damage caused not only by their actions, but also by their negligence or carelessness."
LIABILITY FOR ILLEGAL DEPLOYMENT OR USE OF TECHNOLOGY
For having carried out requests made by the employer that would prove to be manifestly unlawful with regard to the implementation, deployment, or use of data relating to the filtering tool, for example.
Compliance with labor law
Internet traffic must be regulated in accordance with social laws. In most countries, it is mandatory to inform employees of the conditions of Internet use through a document called an IT charter. In order for it to be applicable and enforceable, its distribution must meet multiple criteria.
Olfeo offers a dedicated function for distributing the IT charter. By storing user acknowledgment logs, you are protected against potential abuse and can control issues related to productivity at work.
Protection of personal data
The retention of personal logs is mandatory in many countries. Access to these logs must be governed by very strict legal frameworks. Olfeo offers functional coverage that allows you to precisely define access terms, in particular by restricting administrative rights.
