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Bring Your Own Device (BYOD): How it puts your Business at Risk!

With technology changing at the speed of light, businesses are forced to stay current with applications, systems and devices that are fast & functional. Clients demand 24-hour access, forcing business owners to use all sorts of mobile devices that allow us to respond to clients anytime and anywhere. These devices replicate the information you would have in your office, at your desk, while on the go. And your employees can do the same. Using smart phones, tablets and other electronic devices, allows your business to operate and grow well beyond your physical location.

To maintain the expectation of always being available, many companies opt to save time and money by granting access to company files and information via personal devices. Hence the BYOD. Seems perfect, right? But what happens when you realize that this great 'access' may actually be putting you at risk?

There are two areas of concern with regards to BYOD. First, if an employee becomes disgruntled, any information they can access is at risk. So it's important to have strict policies in place that addresses the rights/ownership of information, so if the employee leaves, your proprietary information does not also walk out the door with them. This proactive measure will hopefully help minimize the legal headache that can sometimes ensue with an employee's departure.

But, if your BYOD policy goes too far, you could also have a legal headache brought on by the National Labor Relations Board (NLRB), the organization tasked with reviewing unfair labor practices. There is a general public concern that companies are creating intrusive policies that favor the employer's right to monitor, access, review and disclose an employee's use of mobile devices. The NLRB claims that many BYOD (and social) policies violate the National Labor Relations Act.

Whether it be the cost to purchase, upgrade and maintain the devices, or the cost associated with litigation, any way you look at it, new technology comes with a hefty price. But it's a necessary cost of doing business in order to maintain the level of communication that the world is dictating.

Need legal counsel to help run your business? We can help. Running a business involves a great deal of legal know-how that only an Orange County business planning lawyer can provide. Mortensen & Reinheimer, PC has more than 24 years of legal experience and can provide the counsel and legal representation that your business needs to run smoothly. We can also assist you in starting up a company as quickly as possible without any legal issues. Our professional corporation is very detail oriented and skilled in finding solutions that meet your needs. We have achieved a reputation for excellence and work every day to maintain our good name. Speak with one of our attorneys today to discuss your options in the area of business planning. We are here to help you thrive.

For more information, or to schedule an appointment, please call MORTENSEN & REINHEIMER, PC at (714) 573-7149. You may also send an e-mail to and we will contact you to set up a free initial consultation.