little recourse.
Businesses should ensure reasonable
security measures are used during all steps
of the employment process, including with
new, current and departing employees.
A business should take precautions such
as having employees sign non-disclosure
agreements in the event that information
has inadvertently been transferred.
These obligations should extend beyond
termination. A business should implement
the use or non-use of the cloud and,
more generally, about the protection
of confidential information. Employee
handbooks, new employee orientations,
posted company policies and annual
employee training sessions all provide
opportunities to address these issues.
An employer may also retain the
right of the employer to review and/or
wipe external devices upon departure.
A company should also prohibit the
sending of company email using personal
consent to search personal devices of
employment who use those devices for
employment purposes. As an alternative
to the above regarding personal devices,
a company could provide the employee
with a cellular device and/or home
computer which may be monitored by
an IT department and set up to prevent
inadvertent cloud storage and the transfer
of trade secrets.