Introduction
When using email and the Internet you should be aware of the potential dangers, not least the risk of libel, discrimination, or defamation. The company has taken advice on this matter and considering recent case law we set out our policy for the use of these facilities. This is as much for your protection as for that of the company. This policy is not intended to discourage their use in anyway, but to give guidance for using them in a professional and business like way.
Email Policy
1. The prime use of email is for company business.
2. You should always use the same professional skills and care as if you were writing a business letter and sending it on company letterhead.
3. Be careful of the kind of information transmitted about commercial contacts - competitors, customers, suppliers, advisers and the like. This is especially easy to overlook on internal email, as it is understandable to think you are just 'talking' to a colleague when in fact you are 'documenting' your views.
4. Do not be tempted to include any sort of defamatory personal information in any email. This includes some forms of office gossip - personal libel can be just as costly as corporate libel.
5. You must not send emails that are in any way, vulgar, hateful, culturally, religiously or racially objectionable, annoying, menacing, embarrassing, cause harassment or are of a sexual nature. Remember, sexual and racial harassment are illegal and may lead to invocation of the
disciplinary policy and/or dismissal.
6. You must not impersonate any other person when using email or amend a message received earlier in a chain.
7. You must not send, outside the company, by email any information of a highly confidential nature unless you are expressly authorised in writing to do so by the company. Information which the company regards as highly confidential includes (but is not limited to);
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Sales figures or other information which concerns the commercial performance of the company or any customer or client of the company;
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Company know-how or other information which, if disclosed, could be beneficial to a competitor or detrimental to the company;
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Information regarding any customer or client of the company which would not be in our possession had the person not been a customer/client.
Contracting
Communications via emails can lead to a binding contract being formed in the same way as communications by other methods. Unless you have prior written (including e- mail) authorisation from the company, then you must avoid dialogues which could lead to a contract being formed. If you are in any doubt, then you should contact your immediate manager as soon as possible.
If you are authorised to conduct negotiations via email, then you must include the statement “SUBJECT TO CONTRACT” in all such emails until it is intended that a binding contract should come into existence.
Before entering a binding contract via email, you must be satisfied of the legal identity of the other contracting party and that they are who they say they are. You must receive signed confirmation by the other contracting party that they will be bound by emails sent from (or purporting to be sent from) their email address.
You must always include the company’s standard disclaimer on each email.
Email is subject to the same law of libel, defamation or discrimination as if it were a paper message. For those not aware, publication of defamatory or unproven information to a third party is prima-facia evidence of libel and the plaintiff does not have to prove he suffered damage.
Emails can, by their very nature, be easily reproduced (not necessarily by you) and widely distributed, which can significantly increase the level of damage risk. The responsibility will lie with the author (whether yourself personally or the company). Since emails are so easily transmitted around the world, the potential damages could fall under foreign jurisdiction and be that much greater.
Personal Use
The company permits personal use of email, providing it is of a responsible nature. You are reminded however that all emails are at the very least stored on the company’s computers and are available for audit and scrutiny. If mail you want to send is of a personal nature and you do not want it subject to these terms, do not send it via the company.
If you receive any email with offensive or illegal content please DELETE the offending email and request the sender does not send you emails of a similar nature in the future. Do not forward the email.
Sending emails to multiple customers/addresses
When sending emails to customers from different businesses the BCC field (blind copy) must be used to ensure email addresses are not exposed to others.
PCI Pal also recommends that where emails are being sent to more than 5 external customers the email content is reviewed by a manager, particularly for those that are new to the business, or have recently (within the last 3 months) changed job role or been promoted, or where the content is likely to be sensitive.
All staff should be aware that email addresses are personal information and must be handled with care in accordance with GDPR/DPA 2018.
Legal
Email is subject to the same law of libel, defamation or discrimination as if it were a paper message. Publication of defamatory or unproven information to a third party is prima-facia evidence of libel and the plaintiff does not have to prove he suffered damage. Emails can by their very nature, be easily reproduced (not necessarily by you) and widely distributed and this can significantly increase the level of damage risk. The responsibility will lie with the author whether yourself personally or the company. Since emails are easily transmitted around the world, the potential damages could fall under foreign jurisdiction and be that much greater.
In summary;
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Improper statements can give rise to personal or company liability
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Email can be intercepted and you should assume that a third party might read any message sent
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Email messages may have to be disclosed in litigation or in investigations by regulatory bodies
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The moment you hit the 'Send' button the mail is transmitted and cannot be retrieved