NetGuido

A charter Internet is a document which lays down the rules for all uses related to the Internet within the company: browsing, e-mail, internet, etc.. This “netiquette” lists the rights and obligations of employees, while stressing their responsibilities. Its establishment will avoid any form of abuse in the use of IT tools and provides a reference in case of conflict.


* The Internet is mandatory?
* The three obligations of the employer
o 1. Inform employees and the works council
o 2. To inform the Labour Inspectorate (Article L122-36).
o 3. Respect the principle of proportionality
* Monitor or prohibit?
o Internet
o E-mail
The charter Internet is mandatory?
* Only if the ISD (Department of Information Systems, so the company), collects personal data on employees (log files, duration of visit certain sites, archiving email, etc.)..
* The CNIL (Commission Nationale Informatique et Libertés) recommends the adoption of a charter Internet in the company if it aims to “educate employees or public officials with security requirements, drawing their attention to certain behaviors likely to undermine the collective interest of the company or the hotel. ”
A consultation: the viewpoint of the CNIL on cyber at work
The three obligations of the employer
If the company has the right to monitor the work of its employees, it must do so in the privacy of the latter. Even under the employment contract. A charter and imposed prohibiting any form of an amendment to the employment contract has no legal value.
1. Inform employees and the works council
The labour code provides an individual information (Article L121-8) and collective (article L432-1) employees on the existence of a treatment containing personal data.
A visit:
* Article L121-8 of the Labour Code
A visit:
* L432-1 of the Labour Code
2. To inform the Labour Inspectorate (Article L122-36).
A visit:
* Article L122-36 labour code
3. Respect the principle of proportionality
The employer must make available the charter by all employees and to justify its interest in putting in place (example: check the volume of work performed). According to the Labour Code (Article L120-2), “No one can make the rights of individuals and individual and collective freedoms of restrictions that would not be proportionate to the aim pursued”
A visit:
* Article L120-2 of the labour code
Monitor or prohibit?
Internet
According to the CNIL, “A general and absolute prohibition on any use of the Internet for purposes other than professional does not seem realistic.” It recommends “reasonable use, which is not likely to diminish the conditions of access to professional network which do not affect productivity.”
The recent court rulings go in the same direction, stressing the right of every employee has a sphere of privacy in his place and his time working.
If the personal use of the phone is generally tolerated, the Internet may be within the limits set by the charter. For example by banning or restricting:
* Surfing on the forums, chats, pornographic or illegal
* Downloading audio or video files
* The use of software pirates
For the sake of protecting the computer network company (viruses, intrusions, etc..), The solution of clamping technique is increasingly being used. The establishment of a firewall is a preventive measure which, like any other must be clearly brought to the attention of employees.
If the company establishes a monitoring device individual data connection, it must make a statement to the CNIL. An overall control is not subject to a prior declaration.
E-mail
According to the CNIL, “The use of professional electronic messaging to send or receive, in reasonable proportions, a message personal use is generally recognized and socially.” Again, the last orders of the Court of Cassation had not challenged the Commission’s position.
The company must obviously be able to monitor connections transiting through its network. It is the employee to think twice before issuing through this network of information it considers private in nature.
The precautionary principle may lead the company to limit the size of files transmitted attached or archiving matches. A control individual item by item with the way messaging must be reported to the CNIL.
Important: the role of systems administrators
* The system administrator is responsible for managing the computer system. He therefore informed all data collected on Internet use in the company.
* For the CNIL, “No exploitation for purposes other than those related to the smooth functioning and security (…) can not be made, initiative or hierarchical order.”
* A viewpoint often undermined by the subordination of the administrator to his employer.
* The recommendation of the CNIL: “The obligation of confidentiality IT administrators should be clearly mentioned in their contract, as well as in the charter.”
Presents: Sample Charter Internet for Business