ABSTRACT

This chapter discusses the more detailed factor—the legal angles and other legislative factors that drive reasons why an organization must have corporate security intelligence. It outlines the main legislative and ethical imperatives that apply to corporate intelligence and risk management and illustrate how these imperatives apply in different jurisdictions. Inherent in the relationship between employer and employee is the employer’s duty of care for employees’ health, safety, and security. An employer’s duty of care in the United States is addressed through both statutory schemes and common law. Laws addressing an employer’s duty of care are much more stringent and highly developed in the UK. Where the United States has only civil remedies for an employer’s breach of the duty of care, employees may seek redress in the UK through both civil and criminal avenues. Regulations and treaties control an employer’s duty of care under the laws of the European Union.