<p>Internet-capable mobile devices have become ubiquitous. More and more  businesses are trying to meet their customers&rsquo; swiftly evolving needs and  expectations by using mobile devices and social media. This article briefly  considers some risks that businesses should consider when seeking to engage with  their customers via mobile devices and social media.<br /><br /><strong>Acceptance  of terms and conditions via mobile devices</strong><br /><br />In general terms,  accepting the terms of a contract by way of a mobile device is recognized under  UAE law as a valid method of entering a contract. The wording of the E-Commerce  Law (Federal Law Number 1 of 2006 on Electronic Commerce and Transactions)  confirms that an offer can be accepted via electronic means. The E-Commerce Law  is not limited to acceptance via a personal computer connected to the internet;  it aims to be &lsquo;technology neutral&rsquo;, and is thus broad enough to encompass  acceptance by way of a mobile phone or other such electronic or digital  device.<br /><br />The E-Commerce Law provides that where the law requires that  certain documents be &lsquo;in writing&rsquo; or &lsquo;signed&rsquo;, compliance with the relevant  provisions of the E-Commerce Law will (in the absence of statutory requirements  to the contrary) result in the satisfaction of such rules.<br />Any business  wishing to rely on contractual terms that have been accepted by a customer by  electronic means should also ensure that its system adequately records  electronic transactions for evidentiary purposes.<br /><br />The key risk of having  terms and conditions accepted via a mobile device is that the format in which  the terms and conditions are delivered to the customer may provide scope for the  customer to dispute that any agreement ever occurred &ndash; even if the customer has  indicated acceptance of the terms by clicking &rsquo;accept&rsquo;. Terms and conditions may  not be presented to the client prior to acceptance, or may be made available in  an inconvenient way (such as by requiring customers to access the terms and  conditions elsewhere prior to acceptance).<br /><br />While a business should be  able to rely on a customer&rsquo;s clear acceptance of terms and conditions, Article  194 of the Civil Code states that if there is a mistake as to the identity of a  contract, or as to one of the conditions of the concluding thereof, or as to the  subject matter of the contract, the contract shall be void. The ability to  present evidence that a customer accepted the terms and conditions by clicking  &lsquo;accept&rsquo; on a mobile device is thus not the only consideration.<br /><br />Our  recommendation when providing customers with terms and conditions to accept via  mobile devices is to ensure that there is as little scope as possible for there  to be any dispute as to whether or not the terms and conditions have been  considered. Requiring customers to scroll through terms and conditions in full  before they are presented with an &lsquo;accept&rsquo; button is just one example of the  type of process that could be adopted to try to reduce the  risk.<br /><br /><strong>Risks of adopting social media in a business  context</strong><br /><br />Social media can be described as online interaction that  allows for user generated content, often for public consumption, and often in  such a way that provides for dialogue with others. Whether or not we actually  use them ourselves, it is beyond dispute that the popularity of social media  platforms such as Facebook, Twitter and LinkedIn has made them a  well-established part of daily life for many people around the world. The high  degree of up-take of social media by the public is leading businesses to adopt  social media as a means of communicating internally and  externally.<br /><br />Social media considerations for businesses are wide ranging,  and could encompass anything from establishing and using an official corporate  Facebook page or Twitter account, through to the use of social media by  employees at work or in their own time, the use of social media by third parties  in such a way that it impacts on the company, and many more scenarios  besides.<br /><br />Before adopting social media as a business tool, it is important  to develop appropriate social media policies, and ensure that employees are  familiar with those policies. It is also important to ensure that other  corporate policies are considered from a social media perspective. Employee code  of conduct policies, employment candidate screening processes, and brand  protection policies are examples of diverse circumstances in which social media  policies have the potential to be relevant. As such, social media policies  should be of interest to all employees, and to managers across a range of  departments.<br /><br />The issue of privacy has become more and more topical in the  Gulf region. It is essential that companies are familiar with the privacy and  data protection laws applicable to them. While the current UAE laws regulating  privacy are basic, they are nevertheless of considerable effect, and the  consequences of breach are serious. When considering engaging with customers via  social media, companies should also consider aspects such as whether information  being requested from a customer will pass through systems that are inferior to  the company's own data-protection measures &ndash; and whether or not customers fully  appreciate this.<br /><br />Social media provides a further avenue for the creation  of data that might be subject to legal and regulatory obligations with regard to  the retention and disposal of records. By way of example, the Commercial  Transactions Law (Federal Law No.18 of 1993) requires traders to retain business  correspondence for a certain period of time. This raises questions as to what  constitutes business correspondence that might be the subject of such  requirements (a &lsquo;post&rsquo; on a corporate Facebook page, for example?), along with  the practical issue of whether it is technically possible to capture and retain  such data.<br /><br />The use of social media can also impact on the  employer/employee relationship. An ill-considered comment about a colleague via  social media could be considered workplace bullying or harassment, and  potentially lead to allegations of misconduct against the employee making the  comment - or even liability on the part of the employer for failing to address  the matter. A social media policy cross-referenced with the IT system and  internet usage policy and employee code of conduct is one way to address this  risk.<br /><br />The use of social media by others brings with it risks to a  company&rsquo;s reputation. The type of risks could involve inaccurate or disparaging  comments by employees or members of the public about the company or its  products. Some content that has the potential to damage a company&rsquo;s reputation  (say, a poorly judged attempt at humour in a viral marketing campaign) is put  out there with the company&rsquo;s blessing. As part of a social media policy, many  companies institute formal social media monitoring to ensure that they are aware  of what is being said about them, and to able to address adverse content  promptly - and appropriately - if the need arises.<br /><br />The use of social  media by corporate users brings with it significant scope for the lines between  professional and personal use to be blurred, and this can be problematic.  Examples include instances where employees responsible for managing a company&rsquo;s  social media account mistakenly post private comments or opinions on a corporate  site (or vice versa). The fall-out from an employee sending an inappropriate  message from a company&rsquo;s social media account can be quite diverse.  Embarrassment, brand degradation, and litigation against the company (as the  employee is seen to be acting as a representative of their employer) are just  some of the risks.<br /><br />The way in which social media usage by businesses is  developing means that it is often by another corporate entity's misfortune that  businesses are able to learn the 'rules of engagement'. Besides relying on other  people&rsquo;s mistakes, businesses should be proactive and consider developing social  media usage policies, so as to help reduce the risks associated with social  media in a business environment.<br /><br />Al Tamimi &amp; Company&rsquo;s Technology,  Media &amp; Telecommunications team regularly handles issues arising from the  use of social media in a business context, and can provide in-house training on  the subject.</p>