LinkedIn is a valuable platform for B2B salespeople and the businesses that employ them, allowing them to build relationships with prospects, generate leads, and close deals.
However, one question that arises for many businesses is: who owns the LinkedIn data if a salesperson leaves the business? In this blog, we will explore this topic in detail, backed by statistics and real-world examples.
Your Organisation is Likely Leveraging Your Salesperson's Profile to Generate Leads Businesses often leverage their salespeople's LinkedIn profiles to generate leads because LinkedIn is a powerful platform for B2B lead generation, with over 740 million members in more than 200 countries and territories.
By leveraging their salespeople's LinkedIn profiles, businesses can tap into their employees' networks, build relationships with prospects, and ultimately generate more leads. You may also be optimising their profiles, have them engage with prospects, use Sales Navigator, and analyse data for insights.
Whatever the extent to which you are leveraging their presence on LinkedIn, it does raise the question, who owns the data and insights should that salesperson leave the business?
Understanding LinkedIn Data Before we dive into who owns the LinkedIn data, it's important to understand what kind of data is available on LinkedIn. LinkedIn data can include:
Connections: The list of people a salesperson is connected with on LinkedIn.
Messages: The conversations a salesperson has had with their connections on LinkedIn.
Leads: The leads generated through LinkedIn campaigns or outreach efforts.
Profile information: The information contained in a salesperson's LinkedIn profile, including their job history, education, and skills.
Now, who Owns that LinkedIn Data?
The ownership of LinkedIn data can be a complex issue, and the answer can depend on several factors, such as the terms of the employment agreement, the company's policies on data ownership, and applicable laws in the region. Here are some scenarios that may arise:
The salesperson owns the data
In some cases, a salesperson may argue they own the LinkedIn data they have generated, as it was collected through their personal efforts and connections. This argument may be stronger if the salesperson had a pre-existing LinkedIn account before joining the company.
The company owns the data
On the other hand, some companies may argue that the LinkedIn data belongs to them, as it was generated during the course of the salesperson's employment. This argument may be stronger if the company provided the salesperson with access to LinkedIn Sales Navigator or other premium tools.
Joint ownership
In some cases, the ownership of the LinkedIn data may be shared between the salesperson and the company. For example, the salesperson may own the connections they made through LinkedIn, but the company may own the leads generated through LinkedIn campaigns or outreach efforts.
Real-World Examples
To understand how this issue can play out in the real world, here are some examples:
HiQ Labs vs. LinkedIn
In a high-profile legal case, LinkedIn sued HiQ Labs, a company that provided data analytics services, for scraping LinkedIn data. HiQ argued that the data was publicly available and that LinkedIn's attempt to block their access violated antitrust laws. In 2019, a federal appeals court ruled in favor of HiQ, stating that LinkedIn could not block the scraping of public data. While this case does not directly address the issue of data ownership, it highlights the complexity of LinkedIn data and its availability.
Eagle v. Edcomm In this 2010 case, a former sales executive at Edcomm, Inc. sued the company for wrongful termination and breach of contract. The company counter-sued, alleging that the executive had unlawfully accessed and misused its LinkedIn account. The court ultimately ruled in favor of the executive, stating that he had the right to access and use the account because it was created using his personal email address and contained contacts that he had developed independently of the company.
Cellular Accessories for Less, Inc. v. Trinitas LLC In this 2014 case, a company sued a former employee for allegedly stealing customer data and using it to compete against the company. The data in question included LinkedIn connections, which the company claimed belonged to it because they were developed while the employee was working for the company. The court ruled in favor of the company, stating that the employee had breached his duty of loyalty by taking the data and using it for his own benefit.
Power Integrations, Inc. v. Lee
In this 2015 case, a semiconductor company sued a former employee for allegedly taking trade secrets and customer data when he left the company. The customer data in question included LinkedIn connections, which the company claimed belonged to it because they were developed through the employee's work for the company. The court ultimately ruled in favor of the company, stating that the employee had breached his confidentiality agreement and that the company had a protectable interest in the customer data.
These cases highlight the complex legal issues surrounding ownership of LinkedIn data. In general, the outcome of these cases depends on factors such as how the account was created, whether the data was developed independently of the company, and whether the employee breached any contractual or legal obligations in accessing and using the data.
How Do Businesses Protect Themselves?
Businesses can take several steps to protect themselves and the LinkedIn data generated by their salespeople in the event that those salespeople leave the company. Here are some best practices:
Establish clear ownership policies: Businesses should establish clear policies and agreements regarding ownership of LinkedIn accounts and data. This should include specifying whether the account is owned by the individual or the company, and outlining what happens to the account and its data in the event that the individual leaves the company.
Use a company email address: Businesses should encourage their salespeople to use a company email address when setting up their LinkedIn accounts. This can help establish the account as a company asset rather than an individual one.
Use LinkedIn Sales Navigator: LinkedIn Sales Navigator is a tool that allows businesses to track and manage their salespeople's activity on the platform. This can include monitoring the connections they make and the messages they send, as well as identifying potential leads and opportunities.
Conduct regular audits: Businesses should conduct regular audits of their LinkedIn data to ensure that sensitive information is being properly safeguarded. This can include reviewing employee activity logs and checking for any unusual or suspicious activity.
Confidentiality agreements Some companies may include confidentiality agreements in their employment contracts that prohibit salespeople from taking LinkedIn connections or data with them when they leave the company. These agreements can help clarify the ownership of the LinkedIn data and prevent legal disputes.
Have a plan in place: Finally, businesses should have a plan in place for what to do in the event that a salesperson leaves the company. This should include a process for transferring ownership of the LinkedIn account and data, as well as ensuring that any confidential information is properly protected.
By following these best practices, businesses can help protect themselves and their LinkedIn data in the event that a salesperson leaves the company. It's important to remember that ownership of LinkedIn data can be a complex legal issue, so businesses should consult with legal counsel to ensure that their policies and agreements are legally sound.
Conclusion
In conclusion, the ownership of LinkedIn data can be a complex issue, and the answer can depend on several factors. Companies should have clear policies and agreements in place to address this issue, and salespeople should be aware of their rights and obligations when it comes to LinkedIn data.
While legal disputes over LinkedIn data are relatively rare, they can be costly and time-consuming, highlighting the importance of proactive planning and communication.
Please note this blog article is not to be considered legal advice. We recommend you consult with legal counsel to ensure your policies and agreements are legally sound and delivering the outcomes you seek.
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