The CCMA has made two interesting decisions about whether it is unfair for an employer to dismiss an employee for posting intentionally offensive statements about their employer on a social networking website, like Facebook. The decisions are reported under Sedick & another / Krisray (Pty) Ltd  JOL 27445 (CCMA) and Fredericks / Jo Barkett Fashions (2011) 20 CCMA 8.24.3.
The employees in each case were fairly dismissed, because the Arbitrators held that their privacy had not been infringed when their employers accessed their Facebook posts. The employees had published the statements in the public domain by not restricting their Facebook privacy settings. The CCMA took the view that, their employers were entitled to intercept the posts in terms of South African monitoring law.
These decisions raise the question, “How can organisations manage the use of social networking websites by their employees properly?”
What the January 25, 2012 Draft of the Proposed EU Data Protection Reform Means for Companies Doing Business with or in the EU
January 27, 2012 – Francoise Gilbert
The comprehensive proposed data protection package that the European Commission unveiled on January 25, 2012 provides a sneak preview of the plans for the European Commission for the reform of the data protection rules in the European Union. It the draft legislative texts are adopted in a form substantially similar to that which was presented in the package, by 2015, the European Union will be operating under a single data protection law that applies directly to all entities and individuals in the Member States. In addition, much of the administrative burden that are currently costing billions of Euros to companies will have been removed. The savings would allow companies to allocate their data protection budget to more meaningful, efficient, data protection practices that are better adapted to the uses of personal data, the new technologies and the 21st century way of life.
Note: This post is superseded by the post above, due to the publication of a new draft of the proposed legislative texts.
The European Commission has just published drafts of the two documents that will form the new legal framework for the protection of personal data throughout the European Economic Area. The draft documents are intended to provide a last opportunity for comments. The final version is expected to be published during the first quarter of 2012, and will come into force two years after publication. Thus, the new rules are currently not expected to be effective before the middle of 2014.
The proposed new legal framework consists of two legislative proposals: a proposal for a General Data Protection Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data, which will supersede Directive 95/46/EC; and a proposal for a Police and Criminal Justice Data Protection Directive on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data. This article discusses only the Regulation.
In late October 2011, the European Council of Ministers formally adopted the new EU Consumer Rights Directive. The new Directive will drastically affect the rules that apply to online shopping. Numerous provisions will also apply to both the online and the offline markets. (more…)