Many companies provide their employees with phones, tablets or even computers. But then, what are their rights regarding the restrictions on the use of these devices? Our team invites you to dive into the heart of the legislation in this area. You will be able to find out whether it is legal to use spyware on a phone or computer.
We also offer you all our tips to ensure the proper use of the objects made available to employees. After reading this article, you will have all the keys to use computer surveillance wisely, without increasing unnecessary intrusions on your employees.
Why worry about using a business line for personal use?
Caring about the use made of the devices made available to employees is not a simple crisis of paranoia on the part of managers. Article 1242 of the Civil Code (source) reminds us that the principal is responsible for the acts committed by his agents. What must be understood is that employers are responsible for what employees do with their working time and with the tools that are at their disposal.
An employer therefore has every interest in wanting to claim the proper use of his equipment. If an employee were to use their smartphone from their computer for fraudulent purposes, the latter could also be concerned.
In addition to the risks taken by the company lending the equipment, it may wish to ensure the productivity of its employees. Thus, it will be possible to control the time spent on social networks during working hours. Online shopping in the office is also not a myth. It will therefore be necessary to guard against the use of technology which can greatly affect the quality of the work of employees.
What solutions before switching to spyware?
Before even embarking on the acquisition of software allowing you to monitor your employees, you can anticipate this type of problem. Documents should be signed clearly specifying the use to be made of the items made available to the employee. You can indicate the restrictions you want there. For example, you may be asked not to use a computer, phone or tablet to connect to personal social networks.
In addition, many companies offer solutions to limit access to your devices. It will therefore be possible to make access to certain sites impossible. The most common requests made by companies remain to limit access to online shopping sites, adult sites or even social networks such as Facebook or Twitter.
What spyware is there to monitor a phone?
There is a plethora of spyware available to help you monitor loaner devices for your employees. The best known of these are used by delivery and transport companies. They make it possible to geolocate drivers to know their position in real time. Beyond the possibility of knowing if the route taken is the most efficient, this sometimes makes it possible to resolve certain disputes. When a customer indicates not to have been delivered, the geolocation of the driver allows the company to know if he went to the scene at the time indicated. You can also use the spyfer spyware to limit the use of your company phones. However, be careful with legality (see the paragraph below).
You can also count on more sophisticated spyware, which will allow you to collect data from the device. You will therefore be able to access the browsing history of your employee’s phone or computer. You will also be able to know the screen activity times. Most of its tools allow you to be able to recover data even if it has been deleted by the user.
Spyware in business, is it legal?
If the term spyware takes on the character of a secret mission, it is a question of settings formally framed by law. Thus, it will be legal to use spyware under certain conditions. For example, the employee will need to be fully aware of your ability to access their data. You must also have set very clearly the limits within which he must use the devices made available to him. Do not hesitate to visit the CNIL website to have access to the various limits of surveillance at work.
As you will have understood, spyware is great allies in the fight against the misuse of computer hardware. They protect the employer while ensuring the productivity of its employees. In addition, in the event of behavior contrary to the rules laid down or of gross or serious misconduct, you may need this type of evidence to go to the industrial tribunal. You must therefore ensure that you carry out this type of monitoring in full compliance with the limits set by law.
The retention of personal data remains a problem at the heart of current policies. It is therefore recommended to use computer monitoring only if absolutely necessary. You should therefore use it in the event of a security requirement or in doubt about the behavior of one of your employees. In terms of management, you should be careful not to create a climate of mistrust between you and your employees, spyware should therefore be used sparingly.