Pub. 3 2014-2015 Issue 1

Summer 2014 19 c) stop the employee from walking out with a de facto customer list on the phone. Thus, while employees might choose to use their own devices at work, you can still control the account and thus still be in command of the information on a device. Employ Tight Exit Procedures For Departing Employees Perhaps the number one issue with the BYOD phenomenon is that when employees use their own devices, they end up with a large quantity of employer information on those devices. Whether intentionally or inadvertently, when those employees resign or are fired, they leave with a treasure trove of information. That information can be used to compete. It can be used to stir up issues with the employees who remain. It can be disclosed on social media or to reporters. Therefore, it is critical to create and follow established exit procedures, so that when an employee leaves, you can show that you did everything in your power to get the company’s information back. These procedures will never be foolproof against employees who choose to keep information on their devices, but at a minimum, it will help put you in a position to show that you took all reasonable steps to maintain the confidentiality of its key information. The issue of protecting against data loss resulting from employees using their personal devices for work is a classic example of the maxim that an ounce of prevention is worth a pound of cure. Relatively small expenditures of time and money on the front end can deter an employee from exploiting key information on a personal device; can protect against that same employee accidentally losing information to a third party; and can position the company to recover the information if it is indeed lost. The critical first step is to acknowledge the reality of employees using their own devices and to plan accordingly. For more information contact the author at MElkon@laborlawyers. com or 404.231.1400. When opportunity presents itself, will you be ready? WWW.MOSSADAMS.COM/AUTOMOT I VE Accounting, auditing, and consulting services offered through Moss Adams LLP. Strategic advisory and investment banking services offered through Moss Adams Capital LLC. Whether you’re looking to merge, sell your dealership, or acquire one, having the right navigator can make all the difference. We’ve helped thousands of businesses protect value, evaluate strategic alternatives, and prepare for the unexpected. Put our knowledge to work for you.