As Nigerian lawyers wake up to the vast potentials of e-commerce, JOHN OKONKWO harps on the need for government and corporate organisations to regulate the practice
An Acceptable Use Policy (AUP) is a critical legal instrument in managing e-commerce services. AUPs evolved out of the need to establish a clear governance roadmap to guide compliance with statutory and regulatory obligations.
In addition, AUPs aid organisations to reduce the risk of vicarious liability for a variety of employee actions. They also help to combat malicious Internet borne threats to enterprise information systems such as viruses, phishing and spyware.
So, the importance of an AUP cannot be over-emphasised, as it enables employees to understand the governance and legal implications of using information assets, as well as their rights and obligations when using enterprise information systems. This helps them to minimise the risk of data loss, data leakage and data spoliation.
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The potential for employer liability does not end there. Employees, acting in the normal course of employment, can use email and IM to deliberately or inadvertently expose trade secrets, distribute protected works, violate confidentiality agreements, agree unfavourable contract terms, or collude to commit internal or external fraud.
