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Thread ID: 63000	2005-10-26 04:00:00	Email Disclaimers	Sam I Am (1679)	PC World Chat

Post ID	Timestamp	Content	User
399441	2005-10-26 04:00:00	This has been bugging me for a while. So many emails you get have one of these: This document should only be read by those persons to whom it is addressed and is not intended to be relied upon by any person without subsequent written confirmation of its contents. Accordingly, our company disclaim all responsibility and accept no liability (including in negligence) for the consequences for any person acting, or refraining from acting, on such information prior to the receipt by those persons of subsequent written confirmation. If you have received this e-mail message in error, please destroy and delete the message from your computer. My question is, how legally binding can they be? After all if someone can find a briefcase belonging to the SIS with a playboy in it and run to the media how could lsomeone sue you for receiving and passing on an email? (as long as its not classed offensive?) :illogical	Sam I Am (1679)
399442	2005-10-26 04:40:00	As far as I'm concerned it ain't worth the damn bytes it takes to transmit it. And I mean how stupid can they be when they put it at the END of a message! :rolleyes:	Greg (193)
399443	2005-10-26 05:09:00	That disclaimer is a 'long winded' version. Of course a defence would be that the wording was so obtuse that the recipient did not know what it meant :D The legal part comes in when someone who is not the intended recipient acts on, or discloses the information to a third party. I guess it gives the sender grounds for redress but I'm not sure if it has been tested in a court of law in NZ. I prefer the one: "If this e-mail ain't for you- screw it up and bin it.If you tell anyone I will set my mother on you."	Shortcircuit (1666)
399444	2005-10-26 05:12:00	Its not legally binding in my view, but you need to consider that the companies using it carry PI (Professional Indemnity) insurance . There is a requirement that you take all steps to minimise the exposure of the insurance company (as well as your own company) so its just a demonstration of that "duty of care" . Same disclaimer is on faxes, as its all too easy to send the wrong fax or email to the wrong person, and litigation could result . Not sure about NZ, but this is from South Africa "E-mail disclaimers are valid and enforceable in terms of section 11(3) of the Electronic Communications and Transactions (ECT) Act 25 of 2002, if the disclaimer would have been noticed by a reasonable person and it is accessible in a form in which it may be read and saved by the reader"	godfather (25)
399445	2005-10-26 05:52:00	I find them hilarious. "This document should only be read by those persons to whom it is addressed" Ooops, too late. "If you have received this e-mail message in error, please destroy and delete the message from your computer." Um, how? Unless I fdisk, format and for good measure run a zero utility several times. Or should I just go ahead and microwave the hard drive to be absolutely positive its gone?	pctek (84)
399446	2005-10-26 06:24:00	Or should I just go ahead and microwave the hard drive to be absolutely positive its gone? My mother could take care of that for you... sometimes she thinks her computer IS the microwave :eek:	Shortcircuit (1666)
399447	2005-10-26 07:05:00	My question is, how legally binding can they be? After all if someone can find a briefcase belonging to the SIS with a playboy in it and run to the media how could lsomeone sue you for receiving and passing on an email? (as long as its not classed offensive?) :illogical Ummm........Excuse me Sam, but exactly where does that notice say you will be sued, or even say you can't or shouldn't read it? It reads more as a warning that the sender will not accept responsibility if the recipient acts on what they read, or conversely, fail to act on it. Of course it also asks that you delete it if received in error. No threat to sue there. :illogical Cheers Billy 8-{)	Billy T (70)
399448	2005-10-26 07:06:00	My main point is that I really hate being told what to do lol	Sam I Am (1679)
399449	2005-10-26 07:16:00	Sorry Sam, it doesn't do that either, it says in a reasonable tone that it should only be read by the intended recipient, (nothing wrong with that) and then it asks quite politely that you destroy (any printed copy) and delete the electronic copy. Be fair, there is nothing wrong with any of that. I think you are being a bit sensitive and are reading deeper meanings that simply do not exist. Cheers Billy 8-{)	Billy T (70)
399450	2005-10-26 07:38:00	and then it asks quite politely that you destroy (any printed copy) and delete the electronic copy. No it doesn't. It says please destroy and delete the message from your computer. DESTROY.	pctek (84)
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