4 Ways to Manage Personal and Employer-Issued Devices

By Joshua Weiner, Esq. On Jul 31, 2024

Employers often find that employees frequently toggle between their personal and employer-issued electronic devices while performing their job duties. In many instances, the distinction between an employee’s personal and employer-issued devices becomes so muddled as to render them indistinguishable. 

Employers need to recognize that this type of employee flip-flopping between electronic devices is not only counterproductive, but it also raises a host of practical and legal issues. Understanding the potential pitfalls and implementing practices to manage personal and employer-issues devices is essential. 

Crafting and implementing written policies will eliminate the ambiguity around using personal devices in the workplace. This approach benefits both employees and employers, creating clarity and setting the standard for appropriate use of devices.

Here are some of the issues that can arise and a practical guide for managing employees’ use of devices.

Sending and receiving private and business-related emails. Employers should implement a written policy requiring employees to limit email usage on employer-issued electronic devices to business-related emails, while all personal email usage is relegated to the employees’ personal electronic devices. Not only will this avoid the risk of confidential, proprietary, and/or customer information ending up on potentially unsecure email servers and electronic devices, it will mitigate the risk of electronic data breaches of employer computer servers and systems.

Conducting personal business, such as engaging in social media, taking private photographs, purchasing commercial goods, and transacting private business. Employers should implement a written policy requiring employees to conduct personal business on their own personal electronic devices and limit their employer-issued devices to employer-related business and transactions. This will avoid the risk of employees accidentally turning over their personal information (financial, medical, etc.) when returning their employer-issued electronic devices when their employment is terminated. 

Privacy concerns. Employers should make it expressly clear to their employees in writing that while work-issued devices may be used for personal business, those devices remain the sole and exclusive property of the employer, and that employees who utilize those devices to conduct or engage in personal business do not have any expectation of privacy in any personal data stored on those devices.

Social media policy. Employers should promulgate a social media policy directing employees to refrain from making social media posts during work hours and/or ones that could be construed as belonging to, endorsed by, or attributed to the employer. Employees should be directed to make it clear in their social media activity that they are speaking on their own behalf. 

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