COVID-19: Some considerations relating to teleworking

Malta Enterprise (ME) has announced measures to support employers and also self-employed individuals who invest in technology that empowers teleworking. Such measures partially cover the costs incurred between 15 February and 8 May 2020 for teleworking solutions. Such support is capped at €500 for each teleworking agreement, and €4000 for each undertaking.

Such teleworking measures should assist employers to address certain commercial and business needs. However, employers should also be aware of the various additional considerations that could come into play in implementing teleworking measures, such as in respect of employment issues, health and safety measures, data protection and privacy considerations.

Indeed, the employers’ duty of care is not suspended when employees work from home. For this purpose, issues of health and safety also need to be addressed in the context of teleworking.

Furthermore, the Telework National Standard Order lays down that any agreement for the performance of telework must be in writing and must contain specific information particular to such work as provided in the said Standard Order.

Employers are required to inform their employees of the provisions concerning data protection and of the measures taken to ensure the protection of data used and processed by the employee in carrying out his duties, including any restrictions on the use of IT equipment, internet or other IT tools and any sanction in case of non-compliance.

Employers should thus ensure that any material which is of a confidential nature remains confidential despite the fact that the employee is working outside the office.

In this light, company policies and procedures should be in place to ensure that various matters such as confidentiality, privacy, and information security are respected at all times by their employees.

Indeed, policies and procedures which are of particular relevance in the context of teleworking include among others:

• Policies with regard to the use of personal devices (e.g. printers, pen drives);
• Policies on the manner in which confidential information should be protected;
• Policies with regard to the use of company devices;
• Policies with regard to taking documentation in the form of hard copies out of the office;
• The procedure to follow in the event of loss or theft of confidential information.

Of course, every organisation should ensure that its policies, procedures and other security measures are made available to its employees for them to be fully informed of their responsibilities and obligations.

Working from home, particularly in the current circumstances, can present challenges to both employers and employees. It is therefore advisable for any business that is considering introducing such measures to ensure that adequate safeguards, including clear policies and procedures, are in place.