Bring Your Own Device Policy - Part 1

Many employers ask or allow employees to use their own technology to conduct business.  This practice is known as "bring your own device" or BYOD.

BYOD raises issues on privacy, record retention and employer liability.

I am drafting a form BYOD policy to cover both devices and services.  What do you think of the following clauses as part of a BYOD policy?

[BEGIN DRAFT]

Devices

Employees are informed, and employees agree, as follows:  When an employee uses his or her own device, such as a computer, a digital tablet or a smartphone, to conduct business within the scope of employment (the “Device”), then:

Tablets | Phones
(a) the Device is creating records that belong to the Company; and

(b) the Company has the right to take possession of the Device to retrieve or preserve records.


Services

Employees are informed, and employees agree, as follows: When an employee uses his or her own service account (e.g. on Twitter, Facebook, Dropbox, Hotmail and so on) to do work within the scope of employment (the “Service”), then

(a) work records in the Service belong to the Company, and

(b) the Company has the right to take control of the Service.

[END DRAFT]

I have posted more draft clauses for a BYOD policy, which has led to an extended discussion on my Google+ page.

Comments invited.


Related:
Bring Your Own Online Service

BYOD part 3: Should employees be given privacy assurances?

Update December 2013:  BYOD records | Dividing business from personal

[Again: Nothing I publish in public is legal advice for any particular situation. Use what I publish at your own risk. If you need legal advice, you should consult your lawyer.]