E-MAIL LIABILITY, WHY IT EXISTS, AND HOW TO PROTECT YOURSELF
Electronic communication has ingrained itself into every aspect of our life. We significantly rely on e-mailing to keep us connected and informed, from personal communications to business correspondence. While we enjoy the use of email, it is important to be aware of the legal ramifications and problems that come with it. ?Among these is the idea of emailing liability.
What is e-mail liability?
E-mail liability refers to the legal responsibility that individuals and organizations may have for the content and actions related to their electronic mail communications. This can include issues such as malware attacks, defamation, harassment, invasion of privacy, and unauthorized disclosure of confidential information. These issues can be caused by intentional or accidental actions. ??
Why e-mail liability exists
E-mail liability exists to protect individuals and organizations from harmful or illegal activities that may occur through the use of electronic communications. Additionally, it serves as a deterrent to prevent individuals and organizations from engaging in such activities in the first place.
How to protect yourself from e-mail liability
Being aware of the potential problems with electronic mail conversations is the first step to shielding yourself from responsibility. Some of these issues include malware attacks, defamation, harassment, invasion of privacy, and unauthorized disclosure of confidential information.
On top of being aware of the potential concerns, use security steps to protect your electronic mail communications in order to protect yourself from email responsibility. To safeguard the privacy of your email communications, you can use encryption, anti-virus, and anti-malware software. You should also select a secure email service provider that safeguards your email correspondence using techniques like end-to-end encryption and two-factor authentication.
Crucially, you should also be careful about the information you share in your email communications. Avoid sharing sensitive or confidential information in your email communications, and be aware of the privacy settings on your email account. You should also be mindful of the laws and regulations that apply to your industry and ensure that you comply with them.
Moreover, it is critical to regularly educate yourself or your employees about email security, liability, and best practices for protecting sensitive information. Regular training and reminders can help ensure that everyone is aware of the risks and how to avoid them.
Legal E-mail Disclaimers
Emailing liability poses a significant risk of financial loss through potential lawsuits for both individuals and companies. While preventative measures highlighted before can be taken, it is still possible for breaches to occur accidentally. To mitigate this risk, it is crucial for companies and individuals to take additional steps to protect themselves legally. One such step is to include legal disclaimers in emails.
A legal email disclaimer is a statement added to emails to limit liability and protect the sender/organization from legal claims. It includes confidentiality, privilege notices, warnings against unauthorized use, and exclusion of liability to specified issues. It may reduce legal risk but not guarantee total protection and its enforceability may vary from one jurisdiction to the other.
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Landmark Cases Establishing Email Liability
Email liability is not limited to statutes. Landmark cases have established various forms of email liability, including notable cases such as:
Steckman v. Hartson (2003) - email harassment and hostile work environment
Lockheed Martin v. Network Solutions (2002) - email trademark infringement
Cubby, Inc. v. CompuServe Inc. (1997) - email defamation
Konop v. Hawaiian Airlines, Inc. (2002) - email interception
Harleys Limited v Metro Pharmaceuticals Limited [2015] eKLR- Every email message is deemed as having left the address of the originator and having been received at the address of the recipient in the same form and content. The Defendant has to bring evidence to rebut that presumption.
These cases have helped establish principles for email liability such as:
Conclusion
Protect yourself from email liability with a clear and concise legal disclaimer. We may help you create one.
Invitation & Disclaimer
For specific technical or legal advice on the information provided and related topics, please contact the author at [email protected]. Otherwise, while the author has made every effort to ensure the accuracy and reliability of the content, the information provided in this article is for general informational purposes only and is not intended as legal advice or as a substitute for professional advice.?