Companies face enormous challenges during this period. They are confronted with a new normal – remote working is the new rule for many companies, even if only for a short period. Many employees work remotely, from their homes, and many companies don't know how to adapt to these changes. For many companies, even the larger ones, remote working at these levels is extremely challenging. The phenomenon is widespread – according to a recent study, done in June, over a third of the entire United States labor force works remotely.
The transition to remote work has forced new technology adoption. Although new technology improves productivity and lets employees work remotely, corporate risks are more obvious. This is especially true when it comes to intellectual property. Companies have to adapt to these working conditions and enforce new safety measures against possible fraudulent activities and theft. Trade secrets must be protected, both in the short and long term. Companies have to seek legal protection for stolen information and should work with professional intellectual property lawyers. Legal assistance is required for companies who want to adapt to these changes and protecting intellectual property in Miami is critically important.
So what are the top practical tips for companies that want to safeguard their intellectual property during the pandemic? Let's take a look at this guide:
#1 – Determining what is a trade secret
The first thing to focus on is to determine what is and what is not a trade secret. This is important because you need to know what needs protection and, most importantly, what type of protection is needed. Usually, what qualifies as a trade secret is much broader than you think. Unfortunately, many employees don't really understand what is considered a trade secret. In many cases, companies must train their employees to better understand what needs protection. For instance, failed trials and earlier versions of a product are trade secrets that need protection. Employees should know and understand this – especially if they can create, save, and disseminate trade secrets.
Recommendations – Companies should enact a training program for their employees regarding intellectual property. Policies and agreements should be explained to employees and the consequences of fraud or theft should be explained.
#2 – What type of storage or collaboration tools are used in your company?
Your company should always use safe, secure business solutions and communication tools. If the communication tools used in your company are not reliable or effective, employees will try to circumvent restrictions in order to work better. Also, if you use free software tools, their safety or security settings are not adequate for remote working. Errors can lead to intellectual property leaks to third party organizations, which can be catastrophic for your company. What's more, free versions of software do not have legal utilities available, further putting your company at risk in case anything wrong happens.
Recommendations – Employers should ensure that they use excellent remote work and communication tools. Employees should be discouraged from using free software in order to avoid leaks and other legal issues. If you want to learn more about the legal implications of software security, contact a professional intellectual property lawyer. Keep in mind that protecting intellectual property in Miami is critically important for any company, regardless of its size.
#3 – How are employees sharing data with third parties?
Many employees use simple communication tools to interact with third parties. For instance, email and cloud-based sharing platforms are used to share information with third parties. These tools are used when working remotely, but secure options should be used. Email accounts and cloud-based sharing platforms should be used with a company mandated account, not with a private account. If employees use personal accounts to share data with third parties, the risk of losing control over their trade secrets is high.
Recommendations – Companies should enforce a clearly articulated communication protocol when it comes to third-party sharing. They should provide the right tools to help employees communicate with each other or with other companies,
#4 – What security policies are being deployed to protect data?
In some cases, employees use their own devices to work from home. This can be very vulnerable in case errors or leaks appear. Home computers are particularly vulnerable to outside attacks and damage. Copying and pasting sensitive or confidential data to external media is a common tactic used by intentional theft offenders.
Recommendations – Companies should draft and enforce strong security policies for every employee working remotely. Employees should use devices provided by the company and their Wi-Fi settings should be properly monitored and secured. Implementing a domain-wide group policy to restrict writing to media connected via external ports – this prevents any copying and pasting to external media. Companies should also use remote-access protocols in order to prevent data damage or leaks.
#5 – Are hard copy or tangible trade secrets properly protected?
If an employee working from home prints an important document which can be considered a trade secret, that document can be stolen or copied by another person. The risk is particularly high if the employee has roommates or works in a public setting – a cafe, a hotel, or a restaurant. The risk is very high if the employee is closely associated with people who work for rival companies.
Recommendations – Companies should always impose a “clean desk” policy and apply this to work-at-home scenarios as well. Employees should know how to protect sensitive data against possible fraud or theft. Employees should have detailed instructions for the destruction of these documents. They should know how to store sensitive documents and how to handle them. Companies are also encouraged to equip their employees with special tools, like shredders, in order to facilitate document destruction. If you want to learn more about the legal implications of document theft or damage, contact a professional intellectual property lawyer. Always work with a lawyer who has experience in protecting intellectual property in Miami.
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