BYOD, with an emphasis on the “D”, is a topic that transcends generations and industries. If this acronym is foreign to you, let us expound. In corporate nomenclature, BYOD means Bring Your Own Device. However, if proper thought isn’t given to BYOD, the “D” could spell “disaster,” “dysfunction,” “distraction” and, when speaking about legal action, “discovery.”
BYOD has been a growing trend in the workplace for more than a decade. With small- to medium-sized companies having limited resources to provide tech to their employees, BYOD seems like the perfect solution. Even in large companies, it is now commonplace for employees to use their personal phones, iPads, and computers for work. But in this BYOD era where tech is king, how does a company protect their proprietary data and IT infrastructure? On the flip side, what control are employees relinquishing over their personal data? Lastly, what are the legal pitfalls of allowing employees to use their own devices?
Let’s start with some basic statistics to lay the groundwork.
- 90 percent of employees in the U.S. use their personal devices for work purpose
- Companies that allow BYOD save approximately $350 each year per employee
- BYOD employees work on average an extra two hours a day
- Projected BYOD market size will reach $366.95 billion by 2022
Because we are a legal services provider and are naturally drawn toward the legal side of an issue, we’d like to expand upon those first. Let’s start with a hypothetical scenario to paint a picture of the unique issues surrounding discovery on personal devices.
Your boss texts you at home with a request for some documents she needs for a meeting tomorrow. Because your phone is synced to your computer and your smartwatch, your boss’s text appears on multiple devices.
You quickly jump on your personal computer to access files stored on the company servers and send them to your boss via your personal e-mail. Assuming she too is using her personal devices, we now have at least four non-corporate devices in play.
Now, let’s assume your boss’s intentions are far from ethical and she is using the information you provided to make an illegal stock trade or give to the competition a leg-up for monetary gain. In the blink of an eye, each devise is now a potential source of discoverable Electronically Stored Information (ESI). However, each device also contains personal information that is not germane to the issue at hand.
You can see how quickly the lines between personal and work start to blur. Should these personal devices and all their data be subject to the discovery process? What about the employee’s personal data that also resides on the devices; should that be subject to discovery as well? When in doubt, it is always best to contact an expert in legal discovery who can help guide you through the process.
In 2019 The Sedona Conference (TSC) released its Commentary on BYOD: Principles and Guidance for Developing Policies and Meeting Discovery Obligations. These guidelines set forth five BYOD principles, the third of which states, “Employee-owned devices that contain unique, relevant ESI should be considered sources for discovery.” Well now…that complicates things.
The BYOD industry is expected to grow in excess of $350 billion by 2022, up from just $30 billion in 2014. With such astronomical growth, the legal implications of employees using personal devices is concerning. Add in possession, custody, and control standards and you are heading down a veritable rabbit hole.
Legal implications aside, there are some pluses to BYOD if the appropriate policies are put in place and appropriately managed and enforced.
Increased Workforce Productivity
With constant access to mobile devices, conventional office equipment constraints (desktop, fax machine, and land line) that require a butts-in-seats approach to business productivity are not a concern. As more employees carry mobile devices, standing in line at the coffee shop can lead to five productive minutes of e-mailing; a morning train or bus commute can be spent reviewing the latest marketing report; and even bathroom time is no longer sacred (we know, gross but true).
Studies also show that employees are more productive on devices they are familiar with. They can take full advantage of the device’s features because they have spent hours customizing it to meet their unique needs.
Financial Benefits of BYOD
A comprehensive BYOD strategy can mean thousands of dollars in annual cost savings for companies. There are the obvious savings of hardware costs, but the less noticeable costs of tech support, repairs, and software licensing make it even more compelling. In addition, employees will take better care of their personal devices than they will company-owned devices.
What we know is this: BYOD is not going to sail away into the sunset anytime soon. Advances in mobile device management solutions will certainly mitigate security concerns for those companies that choose to use them. Of key importance is education of both employees and employers on the risks vs. rewards, and solid in-house policies to protect both parties.
Lastly, consulting an expert in legal discovery will help you navigate the personal vs. business minefield should issues. KEY discovery can be that go-to source for you, so don’t hesitate to request a consult with one of our industry professionals.