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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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We are writing a policy statement for the management of company

Customer Question

We are writing a policy statement for the management of company XYZ’s data on mobile devices that are not the property of company XYZ (e.g. an employee is authorized to use an IPhone to connect to the company email system).

What label can be placed on the following?

• A work related email “conversation” between two employees of company XYZ that is stored in a Microsoft Outlook file.
• A policy statement (contained in a PDF file) written for company XYZ.
• A confidential financial statement for XYZ that is contained in a Microsoft Excel spreadsheet file.
• A body of work (i.e. an instructional manual) written by a customer of company XYZ. The customer has contracted with company XYZ to publish and distribute the manual.

We need some way to express that the examples offered above describe content that is owned or managed by company XYZ.

More specifically, we are trying to state that “data owned or managed by company XYZ will be removed (deleted and/or purged) from the mobile device at the time of separation” (termination of employment or contractual obligation).

I personally do not believe that the term “intellectual property” applies. I could be wrong, but it seems that that term is reserved for content that can be copyrighted. I do not think that a set of work related email messages qualifies.

What terms can we use that more accurately describes “data owned or managed by company XYZ?”
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello

Welcome and thank you for your question I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

It could be termed the Privately owned Property

But I don't see any problem with stating Owned and Managed Property.

Either works as long as in the body of this provision you clearly explain what that is as it seems you have done.
Customer: replied 1 year ago.

So...


 


"DATA refers to privately owned or managed property of company XYZ, or its customers that is contained in data files that can be accessed via an operating system or a software program. Examples include, but are not limited to email messages, text files, word processing files, database files, images, or html files."


 


sounds sufficient?

Expert:  Sam replied 1 year ago.
Hello

Yes. That works for your policy writing

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