Tuesday, November 17th
9:30 a.m. - 10:30 a.m.
Emerging Electronic Liability Issues on the E-Net
-- Frederick Lane III, Pro Se Computing
Inc.
-- Susan Nycum, Baker & McKenzie
"Privacy Remains Concern in Internet Marketing"
How to maintain corporate and customer privacy on the Internet is
a growing concern as federal and international regulators pursue new
requirements for web-site owners.
For example, the European Union has a new privacy protection
policy that extends to foreign companies doing business there. The policy
requires that web sites have a clearly posted privacy policy that informs
visitors that giving personal information is optional. The web site must also
explain how the information will be used, a complaint procedure and a plan to
resolve complaints, Susan Nycum said Tuesday during a seminar at the A.M. Best
Co. annual Insurance Information Management Conference in Boston.
"Privacy is not something we can decide for ourselves anymore
when we have enough," said Nycum, who is an international partner with the
California-based law firm of Baker & McKenzie specializing in high
technology law.
Insurers that engage in electronic commerce also need to be
concerned about jurisdictional issues.
"If you sell something on the web make sure it is signed in
your jurisdiction," Nycum said.
Proper wording of the sales agreement can solve this concern.
"Have them make the offer to you, the provider," Nycum said.
Also, to make sure purchasers are acquainted with all the
terms and conditions of the sales offer, they should be required to call up the
user agreement, scroll through it and click at the end, she suggested.
Insurers also face the possibility of trade secrets leaking
out into cyberspace through employee use of the Internet, said Frederick S. Lane
III, a Vermont-based attorney and computer consultant for the legal profession.
An examination of the e-mail messages sent by employees over
the course of two or three months often can give you a clear picture of what the
company is working on, Lane said.
To limit that exposure, companies should educate employees on
how easy it is to inadvertently let proprietary information slip out. And, the
company should have a policy on the acceptable use of the Internet by employees.
Some sample policies are available through a search for "acceptable use
policies" via the Yahoo and Alta Vista search engines, he said.
Companies also face a threat to their reputation from attack
sites--web sites established by disgruntled customers or employees that spread
rumors and misinformation about a company. A proactive way to head off such
attack sites, Lane said, is to register potentially derogatory names themselves
to keep them away from detractors.