In recent years and especially since 2012, BYOD – Bring Your Own Device – is highlighted because of issues, including legal ones, related to this phenomenon.
Source : travailetequilibre.com
The development of YOD is mainly due to the democratization of private computers, smartphones, tablets and by the willingness of owners to use the facilities of their choice on the same business location.
BYOD is for an employee to use personal equipment to perform his daily work and therefore, access the company’s intranet, business applications, messaging etc..
From a legal point of view, the risks are related in particular to the data ownership. Indeed, when an employee uses a personal equipment to perform his contract of employment, it is important to know that the folder, files, contacts, business data collected by the employee belong to him.
When the equipment is provided by the employer, it retains the right to access the stored data. However, the principle of BYOD is that employees use their own equipment. In this case, they own the equipment and de facto the data it contains. For now, unless this case is provided in the contract of employment of an employee or an IT charter, this issue is not yet regulated by law.
Another risk is inherent in BYOD, the cyber surveillance of employees. It may be that the employer is trying to monitor its employees through the equipment used by the latter, without distinction between private and professional use.
Article 9 of the Civil Code states that “Everyone has the right to respect for his private life.” Thus, the employer cannot install trackers, keyloggers to monitor employees’ activities during and outside working hours without requiring their consent.
Thus, although with BYOD, places and working hours are “redrawn” outside his working hours, the employee is not subject to the employer and therefore can freely use its equipment.
