Graeme Elvin of Mackenzie Elvin

I love new technology and one of the latest releases is the new iPhone 5. I want one, my staff all want one too, and they want me to pay for it.

I know why my staff want one; they get a flash toy, music, camera, texts, emails, YouTube, Facebook, all that.

Of course occasionally they use them for work purposes, or so I have been told, which means work documents and information sent by email is also accessible from their phones.

The upside is that with smartphones I have my staff online all the time, and why shouldn't they be? I have paid for it.

If you are a generous mug like me and provide these perks, have you updated your Employment Agreements to protect your intellectual property?

What systems do you have in place for when someone leaves? Who owns all this online stuff and how do you control it? You may be using a generic online Employment Agreement, but these documents don't address such issues.

What about security? How careful are your staff? How careful are you? Touch the home buttons and you can often see a lot of important information. Who is snooping? Who is listening to important discussions?

Are devices password protected? Where are they synced? What about inappropriate information, photos stored on these devices that could be an embarrassment? What about filesharing? If your staff download things illegally, who is responsible?

If you provide the technology, you need to set out clear rules as to use, and ownership and your Employment Agreements need to do more than state the obvious.

Your intellectual property may be the lifeblood of your business. Take care of it.

Mackenzie Elvin is a Tauranga based law firm specialising in commercial, rural, property, trust, family law, succession planning and governance advice.

For more details contact phone 578 5033.