E-mail - Legal Issues: 2008

Overview

One of the biggest changes to office life in the last five years has been the growth of e-mail. On balance a major advantage to businesses, enabling postage charges and time to be saved, but e-mail also comes with certain legal risks.

This report seeks to highlight those areas where employers particularly need to consider relevant risks. However in most cases the risks can be minimised to an acceptable level and nothing with this report should put any employer off letting their employees loose on e-mail. It highlights principal issues which arise and the means to ensure enforcement, in particular, by presenting to employees a coherent e-mail and Internet use policy so they know where they stand.

Who will benefit from this briefing?

This briefing will appeal to all executives and managers responsible for E-mail and Internet compliance and policies including:

• Directors
• Company secretaries
• IT directors and managers
• HR directors and managers
• Legal advisors
• Personnel managers

Content

1 EMAIL, INTERNET AND BLOGGING POLICIES

• The use of email and the Internet at work
• The cost of the Internet at work
• Introducing an email policy
• Further information

2 CHECKING UP

• Privacy laws and surveillance
• Checking emails whilst people are on holiday
• Human Rights Act 1998
• Consent or notification?
• US case report – Gina Tiberino v. Spokane County
• How would things differ in English law?
• Monitoring in practice
• Example – Injunction against a cyberstalker
• Surveillance
• Further information
• IC guidance on monitoring emails

3 NOTICES AND LIABILITIES

• The Companies Act 1985 and Business Names Act 1985 and The Companies (Registrar, Languages and Trading Disclosures)
• Regulations 2006
• Liability for employers
• E-commerce Directive and The Electronic Commerce (EC Directive) Regulations 2002
• Distance Selling Directive 97/7 and The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000/2334) (as amended
• Disability issues and web sites
• The W3C Standard
• Further information
• Appendix

4 SACKING STAFF

• Examples of sackings for Internet abuse
• Conclusion
• Further information

5 DATA PROTECTION, LITIGATION ISSUES, MARKETING AND EMAIL

• The Criminal Justice and Immigration Act 2008
• Unsolicited emails – The Privacy and Electronic Communications (EC Directive) Regulations 2003
• Consumer Protection from Unfair Trading Regulations 2008
• Data protection and access to information in emails
• Making assessments
• Third party data and human rights
• Other Section 7 rights
• Information Commissioner Guidance on Data Protection Act and Emails – The Commissioner’s enforcement policy
• Further information

6 ELECTRONIC SIGNATURES AND EMPLOYEES

• Authority to sign
• A frolic of their own
• Example
• Electronic Communications Act 2000
• Further information

APPENDIX

Reviews

Rob Jerrard 2009

The author

Susan Singleton is a solicitor with her own London firm, Singletons, that specialises in competition law, intellectual property law, IT/ecommerce and general commercial law. According to the Chambers and Partners Legal Directory she is one of the UK’s leading IT lawyers. In 2002, she acted for the claimant in the first damages action for breach of the EU competition rules to come before the English courts Arkin v Borchard and Others. She is author of over 25 law books on topics such as internet and ecommerce law, competition law, commercial agency law, data protection legislation and intellectual property and writes around twenty legal articles a month.

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Certificate of completion

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