What are the most common legal problems with using email?
Because emails are easy to send, and often seem less formal than traditional business documents, it is not uncommon for people to send ill-advised messages. In addition, such emails can be quickly circulated to a wide audience, and are easily stored and used as evidence. All businesses are 'vicariously liable' for the actions of their employees, and your business is likely to be held liable for emails sent by employees.One of the commonest problem is inappropriate content - for example, messages containing sexual or racial abuse, or libellous statements. Even the tone of an internal email - often blunt and impersonal - could create a hostile working environment and lead to claims for stress, discrimination or harassment. As a simple rule, do not send or forward emails that could be illegal, offensive or discriminatory.
A further problem is that some employees do not realise that the emails can create contractually binding commitments, or form part of a contractual agreement.
Finally, email can be used in a way which infringes other people's intellectual property rights - for example, sending unauthorised copies of literature or pictures.
