LinkedIn Compliance Self-Assessment – Are you at Risk?

In the last few months we’ve heard a common refrain from financial industry professionals regarding LinkedIn. Things like:

• “We aren’t allowed to use social networks but we can use LinkedIn”
• “Our firm allows us to use LinkedIn but the activity isn’t monitored”
• “LinkedIn doesn’t fall under Notice 10-06”
• “We prohibit use, and our employees follow that policy”

For those of you following the social media trends in this sector you will recognize right away the risk caused by the beliefs above. Before going any further let me make a few things clear. LinkedIn is a social network. More importantly, LinkedIn is absolutely governed by Notice 10-06. And last, firms that allow the use of LinkedIn without the appropriate policies and oversight are guaranteed to get fined by FINRA at some point soon.

Just look at a recent study by Ledermark. They found “more than 40% of professionals under 50 said a social media presence has led to doing business. They prefer LinkedIn for business and Facebook for personal use; however, both social networks allow them to be more visible, have a platform for questions and answers, and reconnect with old friends, introductions and referrals — all cited as how social media helped bring in business.”

If you think your reps aren’t using LinkedIn do a quick search to find out.  Just enter your company name and see how many profiles show up.

Now onto the assessment. To complete the assessment simply answer yes or no to each question below. Give yourself one point if you answer NO and zero points if you answer YES. Your level of compliance risk will be described below. Let’s get started:

1. Do you prohibit registered reps from using LinkedIn?
2. Is this practice defined in a social media policy?
3. Have you completed spot audits to ensure they are following the policy?
4. Are you pre-approving their profile content before it is posted?
5. Are you completing spot audits to ensure the content hasn’t changed?
6. Are you preventing reps from displaying recommendations on their profiles?
7. Are you archiving the content posted to and created on LinkedIn?
8. Are you supervising the content posted to LinkedIn after the fact?
9. Are you preventing reps from rating answers provided by other members of LinkedIn?
10. Are you preventing reps from emailing more than 25 connections via LinkedIn Mail?

Now tally up your score and match that to the table below.

Score = 0: Good news, you aren’t at risk but you likely aren’t getting any of the benefit of LinkedIn either because you are in total lockdown.
Score = 1-5: You are probably handling compliance in a highly manual fashion. Not only is this costly but it is also error prone.
Score = 6-10: You are at high risk for a fine from FINRA. Quickly find an automated way to manage site access, content archiving, supervision and discovery.

If you are concerned and need some more information here are a few resources that can help:

• Companion Guide to FINRA/SEC Social Networking Compliance
• Social Networking Compliance Webinar
• Summary blog post from the FINRA webinar discussing Notice 10-06