Legal, Ethical and Operational Issues

P5 Explain the legal and ethical issues in relation to the use of business information Definition: Ethics concern an individual's moral judgments about right and wrong. Explanation: Business information belongs to the business owner and any kind of use of the business related information should be used as per the company policy. There are legal consequences in breaking the rules (code of conduct ; code of practice). Staff member needs to use his/her ethical judgement to decide what is right or wrong.Scenario – Update of Staff Handbook on ethical and legal issues in relation to the use of business information. Illegal, inappropriate or unacceptable use of school equipment or communication systems may result in disciplinary action and in serious cases could lead to an employee's dismissal. This list is not exhaustive and includes; ? creating, sending or forwarding any message that would reasonably be considered inappropriate or unacceptable. (E. g. anything non related to school ) ? Committing or implying commitment to any contractual arrangements ?Accessing, publication or circulation of illegal, offensive, unacceptable, inappropriate or non-work related material ? Any illegal activities ? posting confidential information about the school and/or other employees, children or parents ? gambling or gaming ? unauthorised use of school facilities (or employee's personal IT equipment), for personal use during employee's working time Employees receiving inappropriate communication or material or who are unsure about whether something he/she proposes to do might breach this policy should seek advice from their Head teacher.The school has the right to monitor e-mails, phone-calls, internet activity or document production, principally in order to avoid offensive or nuisance material and to protect systems from viruses, but also to ensure proper and effective use of systems. Communication systems may be accessed when the school suspects that the employee has been mis using systems or facilities, or for the investigation of suspected fraud or other irregularity. CODE OF CONDUCT FOR SCHOOL EMPLOYEES 12. Social networking websites. School employees must not access social networking websites for personal use (e. . Facebook) during work time. Access to some journals, blogs and social networking sites is permitted during work time for the purposes of undertaking job related duties only. School employees must act in the best interests of the school and not disclose personal data or information about any individual including staff, young people or children. This includes images. Access may be withdrawn and disciplinary action taken if there is a breach of confidentiality or defamatory remarks are made about the school, staff, young people or children. The school respects an employee's private life.However, it must also ensure that confidentiality and its reputation are protected. Employees using social networking websites in their private life; 1. Must refrain from identifying themselves as working for the school, in a way which has, or may have, the effect of bringing the school into disrepute. 2. Must not identify other school employees, children or young people without their consent. 3. Must not make any defamatory remarks about the school, it's employees, children or young people, or conduct themselves in a way that is detrimental to the school. . Disclose personal data or information about the school, employees, children or young people, that could breach the Data Protection Act 1998, for example, posting photographs or images of children or young people. 5. Must not allow pupils to access their personal social networking accounts and where they are contacted by a pupil they should bring it to the Head teacher’s attention. CODE OF CONDUCT FOR SCHOOL EMPLOYEES 13. Personal Websites and BlogsEmployees who wish to set up personal web forums, weblogs or ‘blogs' must do so outside of work, not school equipment and adh ere to the points detailed in the paragraph above. 14. Confidentiality All employees at the school and the Governing Body come into contact with a significant volume of data and information in relation to pupils, staff, school activities and many other matters. There is an obligation to read and to observe the requirements of the Data Protection Act 1998. 14. 1 Required reading:  · Data Protection Guide – available on intranet. 14. 2 Managing dataUnder the Data Protection Act, staff are required to collect, maintain and dispose of sensitive or personal data in a responsible manner. 14. 3 Disclosing data Staff should not disclose sensitive information about the school, its employees or the local authority to other parties, for example, parents or colleagues. There are particular exceptions to this; for example disclosure of suspected or alleged abuse of a pupil to Child Protection officers; discussion with a person accompanying or representing an employee in a formal meeting or disclosure under the Whistleblowing Procedure.All communication with the media must be directed through the Head teacher or their nominee. There are circumstances in which staff are obliged to release pupil data, for example, parents seeking information about pupil progress or other colleagues in the school. CODE OF CONDUCT FOR SCHOOL EMPLOYEES 14. 4 Access to data Everyone has the right to request access to data that is held about them and such requests should be made to the Head teacher who will address the request in conjunction with the Local Authority’s Data Protection Officer. 15.Copyright Copyright legislation should be displayed next to photocopier machines and employees are required to adhere to the guidance provided about use of educational resources. P6 Operational Issues in relation to the use of Business information. Operational issues are how to keep your business information safe and secure. It involves legal support to protect the rights of the business to keep its information safe and prevent misuse. Below are the different types of laws that protect the use of Business information. Data Protection Act –Computer Misuse Act Freedom of Information Act Copyright Act The need for the Data Protection Act This was introduced to regulate personal data. Databases are easily accessed, searched and edited. It’s also far easier to cross reference information stored in two or more databases than if the records were paper-based. The computers on which databases resided were often networked. This allowed for organization-wide access to databases and offered an easy way to share information with other organizations. Computer Misuse ActData stored electronically is easier to misuse; that software should not be copied without permission; the consequences of software piracy; that hacking can lead to corruption of data, either accidentally or on purpose. Types of computer misuse Misuse of computers and communications systems comes in sev eral forms: Hacking Hacking is where an unauthorised person uses a network, Internet or modem connection to gain access past security passwords or other security to see data stored on another computer. Hackers sometimes use software hacking tools and often target, for example, particular sites on the Internet.Data misuse and unauthorised transfer or copying Copying and illegal transfer of data is very quick and easy using online computers and large storage devices such as hard disks, memory sticks and DVDs. Personal data, company research and written work, such as novels and textbooks, cannot be copied without the copyright holder's permission. Copying and distributing copyrighted software, music and film This includes copying music and movies with computer equipment and distributing it on the Internet without the copyright holder's permission.This is a widespread misuse of both computers and the Internet that breaks copyright regulations. Identity and financial abuses This topic in cludes misuse of stolen or fictional credit card numbers to obtain goods or services on the Internet, and use of computers in financial frauds. These can range from complex well thought out deceptions to simple uses such as printing counterfeit money with colour printers. Viruses Viruses are relatively simple programs written by people and designed to cause nuisance or damage to computers or their files. The Computer Misuse Act (1990)This was passed by Parliament and made three new offences: Accessing computer material without permission, eg looking at someone else's files Accessing computer material without permission with intent to commit further criminal offences, eg hacking into the bank's computer and wanting to increase the amount in your account Altering computer data without permission, eg writing a virus to destroy someone else's data, or actually changing the money in an account Copyright law This provides protection to the owners of the copyright and covers the copying of written, musical, or film works using computers.FAST is the industry body which is against software theft. There have been cases where laws such as Copyright have been used to crack down on file sharing websites or individuals who store and illegally distribute copyrighted material, e. g. music. There is a massive problem with many people around the world obtaining copyrighted material illegally. M2 Analyze the legal, ethical and operational issues in relation to the use of business information, using appropriate examples. Ethical, Legal and Operational issues in relation to the use of business information Advantages of Ethical, Legal and Operational issuesEthical, Legal and Operational issues in relation to the use of business information in the market place and workplace are becoming increasingly important as organizations move into a period of intense competition for public and consumer support. Therefore, there is a requirement to protect the business information which comes un der operational issues. The business information is protected with the legal laws Organizations are under pressure to develop and maintain policies on business ethics and social responsibility to ensure that they have the support of employees and other stakeholders. Legal Ethical ; Operational) Code of Conduct The how that determines our actions Deutsche Post DHL has devised a code of conduct that has applied to all regions and divisions since the middle of 2006. This code of conduct serves as an â€Å"ethical compass†, providing guidelines for use by about 470,000 employees in their business lives every day. The key pillars of this code of conduct are respect, tolerance, honesty and candor as well as willingness to assume social responsibility.The guidelines apply to all employees, irrespective of their place in the Group's hierarchy, and to divisions. The code of conduct is based on international agreements and guidelines, including the Universal Declaration of Human Rights , the conventions of the International Labour Organization (ILO) and the Global Compact of the United Nations. Fundamental principles are observance of human rights, equal opportunity, transparency, and clear stands in the battle against discrimination, bribery and corruption. What is Correct Conduct?Deutsche Post DHL deals with a variety of people and organizations who are our stakeholders. Our image as a company depends on how employees conduct themselves in the business world. There is no substitute for personal integrity and sound judgment. When faced with a difficult situation, our employees should consider these questions: 1. Is my action or decision legal? 2. Does it comply with our values and our policies? 3. Is it right and free of any personal conflicts of interest? 4. Could my action or decision withstand public review? What would it look like in a newspaper? 5.Will my action or decision protect the Group's reputation as a company with high ethical standards? If the answe r to each question is â€Å"yes†, the action or decision based on the following principles of conduct is most likely the correct one. Our Ethical Commitment Quality Focus Our commitment to quality is core to our business. In order to achieve the highest quality standards, we will work constantly to improve our structures and processes for the benefit of our customers. This applies to our products, services and management, but also to our behavior. Customer SatisfactionWe place the highest priority on making our customers successful, knowing that customer success guarantees our own success. Our activities are governed by our knowledge of the global and local requirements of our customers and markets. We include and prioritize the customer focus in all our business processes, projects and dealings. We know that we will be measured by our ethical, social and environmental performance as much as by the quality of our service. We therefore strive for best practice in all these are as to secure customer trust. Laws and Ethical StandardsGuided by our Corporate Values, we strive for sustainable development of our business founded on the three pillars: economic performance, environmental stewardship and social responsibility. We will honor the diverse interests of our customers, employees and business partners with integrity, fairness and honesty. We strive for excellence in both our business performance and our ethical behavior. Deutsche Post DHL complies with laws applicable to its business in all regions and countries. We recognize that laws vary with respect to ethical standards within and across the countries in which we work.This may pose particular challenges and dilemmas, which we strive to overcome by adherence to our Corporate Values. Deutsche Post DHL will be guided by the principles of the United Nations' Global Compact. We respect human rights within our sphere of influence and conduct our business in a manner that makes us an employer of choice. We respect the principles of the 1998 International Labor Organization's â€Å"Declaration on Fundamental Principles and Rights at Work† in accordance with national law and practice. Transparency We are committed to openness in our dealings with our stakeholders.Transparency and honesty shall be the guiding principles in all our communication activities, internally and externally. The public will have access to information concerning our company, in line with what is required or recommended by internationally recognized standards of corporate governance. Accounting and Reporting Standards Deutsche Post DHL relies on the authenticity and accuracy of information recorded in its accounting records for proper decision making. It is of the utmost importance that records dealing with security and personnel, as well as booking and financial data are protected.All business transactions must be reflected accurately in our accounts in accordance with established procedures and auditing st andards. Accounting records will reflect and describe the nature of the underlying transactions. Money Laundering Deutsche Post DHL complies strictly with laws and regulations designed to combat money laundering activity. This includes those rules and regulations requiring reporting of currency transactions with blocked persons. Our Standard of Working Together Individual Responsibility and Involvement The skills and the commitment of our people are our greatest asset.We expect our employees to conduct their business in an entrepreneurial way and accept their individual responsibility. We strive to involve our colleagues in our projects and decision-making processes in order to achieve our common goals with reliability and commitment. Mutual Respect and Openness All relations between directors, managers and employees of all levels, units and regions shall be guided by mutual respect, openness, honesty and the spirit of trust and cooperation. We give and look for feedback and we comm unicate actively and openly with each other. We are committed to a fair and open debate and seek varying opinions.We motivate our colleagues to speak up promptly and to express their ideas and concerns. Team spirit is triggered by open-mindedness. We therefore support an open door policy and initiatives to share and exchange knowledge. Diversity and Discrimination We see employee diversity as a guiding principle in our employment policy. This means promoting the diversity and heterogeneity of the individuals in the company in order to attain the highest possible productivity, creativity and efficiency. Skills, performance and ethical conduct shall be our only indicators for employee qualification.We will not discriminate or tolerate discrimination with respect to gender, race, religion, age, disability, sexual orientation, national origin or any other characteristic protected under law. Each employee is required to contribute to an environment of respect that precludes any kind of h arassment, including workplace bullying, unwelcome sexual advances, unwanted physical contact, propositions or a working environment poisoned with harassing jokes, words and demeaning comments. Health Management Our employees deserve to work in a safe and healthy environment.We are therefore committed to the workplace health and safety regulations expressed in our health and safety policies. We strive to foster the physical and psychological â€Å"well being† of our employees. Our goals are both fewer illnesses and a lower accident rate. We promote health care as a key element of our sustained productivity and the quality of our services. Our health and safety policies, active in all locations throughout the world, include a ban of illegal drugs in the workplace. We prohibit any kind of violence and assault at the workplace, including threatening and intimidating behavior. Company PropertyThe use of company property, including labor, supplies, equipment, buildings or other as sets for personal benefit is prohibited where not explicitly allowed by agreement. Each employee has a responsibility to safeguard and make proper use of Deutsche Post DHL property. Intellectual property is a valuable asset and must be protected from unauthorized use or disclosure. Such property includes trade secrets, confidential information, copyrights, trademarks, logos, but also customer lists, business opportunities and product specifications, whether owned by Deutsche Post DHL-affiliated companies or business partners.Legal Proceedings Employees must avoid activities that could involve or lead to involvement of Deutsche Post DHL or its personnel in any unlawful practice, including the employment of our personnel or use of company assets for illegal gain. Lawsuits, legal proceedings and investigations concerning Deutsche Post DHL must be handled quickly and properly in order to protect and defend the company. Employees who are threatened by a lawsuit or other legal proceedings or investigation in a business-related matter are required to contact their Deutsche Post DHL Legal Department immediately.Insider Information Any person with inside information is prohibited by law to buy or sell Deutsche Post DHL stock by using this information. Employees are at risk of civil and criminal penalties should they disclose nonpublic information that an investor could use to buy or sell securities. Trading with such information is illegal whether employees trade for their own benefit or others trade for them. Our Business Integrity Shareholders' Trust We recognize the necessity of sound and transparent corporate management to maintain the trust of our shareholders and investors. We are committed to ncreasing shareholder value. Business Partner Dialogue We are committed to dialogue and partnership with our business partners in many communities throughout the world. We share principles of ethical behavior, social engagement and respect for the environment with our suppl iers, subcontractors, agents and consultants. We will communicate our principles to our business partners and motivate them to adhere to the same standards we do. Conflicts of Interest We require all directors, officers and employees to maintain high ethical standards in handling conflicts of interest.They should disclose any relationship with persons or firms with whom we do business (‘Business Partners'), which might give rise to a conflict of interest, to a supervisor. Such relations include in particular a relationship by blood or marriage, partnership, participation or an investment in Business Partners. Fair Competition We are committed to free enterprise and fair competition. Company business must be conducted solely on the basis of merit and open competition. We will hire suppliers, agents or their intermediaries only by fair assessment.We are legally bound to make business decisions in the best interests of the company, independent of any understanding or greement wit h a competitor. As a result, the company and its employees will avoid any conduct that violates or might appear to violate antitrust laws. Bribery and Corruption We trust that the excellence of our services is the key to our business success. Therefore we will deal with all our customers, suppliers and government agencies in a straightforward manner and in compliance with international anti-bribery standards as stated in the Global Compact and local anti-corruption and bribery laws.This includes any transaction that might appear to be arranged for granting concessions or benefits. Gifts and Benefits Employees should not solicit services, gifts, or benefits from customers or suppliers that influence or appear to influence the employee's conduct in representing the company. Gifts and entertainment may be exchanged at a level that does not exceed customary local courtesies extended in accordance with ethical business practices and applicable law.In case of doubt, employees should consu lt with their supervisor or the HR department. Business Secrecy, Data Protection/Privacy Our employees shall not disclose information that is not known to the general public for personal gain or the benefit of anyone other than the company. Such information includes technical data, financial data, operating data, customer information, memoranda and other information regarding the company's business and operational activities and future plans.Employees will adhere to relevant laws and company regulations with respect to personal data, such as data protection guidelines and policies, e. g. DPDHL Privacy Policy for international data transfers. Processing of personal data of natural or where applicable legal persons must be based on legitimate grounds in line with the applicable laws. Our Social Responsibility Communities We are committed to supporting the communities in which we work and recognize the need to contribute to their well-being with our know-how and professional skills.Res pect for and understanding of the different cultures and a sensitive manner of dealing with their key issues is of highest importance to us as it builds trust and credibility within our international environment. We have and will continue to support community development as a sponsor in partnerships with non-government organizations and charities in accordance with our community investment policy. We recognize that we are measured by our actions outside the workplace and therefore call on our employees to respect the local culture and understand the issues of communities where they work.Environment We acknowledge the impact of our business activities on the environment and are committed to improving our environmental track record through precautionary measures and the use of environment-friendly technology. We regularly assess and monitor our impact on the environment. By systematically identifying and leveraging potential ecological initiatives, we strive to support constant improv ement of our environmental performance and the increase of efficiency in our resources. This includes environmental audits and risk management.We want to measure our processes and services against the highest quality standards. National and international environmental standards – such as the ISO 14000 standard series – shall be our guiding principles. As a corporate group, we advocate and support the dissemination of environmentally and socially exacting standards throughout the world. We consider our employees' commitment and active involvement to be an important platform for our efforts and a significant source of innovation.Related Policies and Regulations, Local Codes The Code of Conduct sets the principles for all policies and regulations of Deutsche Post DHL. Local or business-related policies will provide more specific guidance. Divisions, business units, regional entities and companies of Deutsche Post DHL may adopt their own local codes, incorporating the subs tance of the Deutsche Post DHL Code of Conduct but modified to reflect requirements of local laws and regulations or the social customs and characteristics of their business operations.Such local codes may include additional, specific standards. However, in no event will any term contradict or be more lenient than this Deutsche Post DHL Code of Conduct. All local codes shall be reviewed and approved by the Global Compliance Office. Please note the latest versions of the following regulations that complement the Code of Conduct: the anti-corruption and business ethics policy and the competition compliance policy.