Smartphones blur the boundaries between professional and personal lives. Web 2.0 gives everyone a powerful means of expression outside of the company. New rules are needed. The charter aims to bring together computer rules. But what may be its content? What is its legal effectiveness? How to implement it?
The contents of a computer charter is hybrid in nature. It has evolved from a technical vision to an ethical approach, whose base loyalty.
The first generation of charters computer was heavily loaded with technical guidelines to protect the integrity of the computer system. They forbade including changes in security software configurations, the manipulation of abnormal material or introduction of third-party software see parasites such as viruses or Trojans. At that time, everything was simple: it was sufficient to prevent in order to protect technical resources.
Internet and Web 2.0 have necessitated the addition of new rules.
complex concepts have emerged. These include "websites with a direct and necessary link with the professional activity," the "personal views which could harm the company "And" use as an individual under the necessities of everyday life "or" perfect correction with respect to his interlocutors in electronic trading. "
All these new rules have in common is their vagueness. They make the delicate boundary line between what is allowed and what is forbidden. Ultimately, their most common denominator is based on the criterion of loyalty. That the employee but also that of the employer.
Unfortunately, loyalty is not measured! In fact, it has become a major legal standards of today. Only the judge can decide and whether conduct is unfair or fair. It is therefore necessary to consider the underlying issues.
The first issue concerns the classification of the fault. Under Article L.1222-1 of the Labor Code, "The employment contract is executed in good faith." The breach of a requirement imposed by the Charter computer can be analyzed as a defect loyalty. It is therefore likely to justify the termination of the employment contract at the wrong employee.
The second issue concerns the enforceability of the evidence. To be opposed to an adversary, proof must be obtained in a fair manner. Jurisprudence is constant reminder that principle. The legal framework also requires that any monitoring device is brought before the attention of employees (Article L.1222-4 of the Labour Code). The charter can be advantageously computer support for such information, including through know the surveillance powers of administrators.
The third issue relates to civil liability or criminal enterprise. Failing to warn users of the illicit nature of certain behaviors, it can be held liable. This is particularly so where are the unsung intellectual property rights of others or stored information to third parties, including open forums to the public. Again, the charter allows computers to inform employees about the yellow line not to cross.
The IT charter was therefore intended to be known. Its implementation requires fair information and consultation of the HSC, the EC and each employee individually.
integral part of the rules, it must also satisfy the criterion of proportionality of the restrictions imposed on employees, pursuant to Article L.1321-3 of the Labour Code prohibiting "the provisions providing for human rights and individual freedoms and collective restrictions are not justified by the nature of the task and proportionate to the aim pursued ".
Ultimately, if the charter computing should be profoundly revised at a time when professional and personal lives overlap, the test of loyalty is the compass. It should be borne in mind that only the judge can finally say where the north!
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