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Legal Technology – Who Wins the Fight Over E-Mail Ownership?

February 23rd, 2008 by Ingrid Cliff

The challenge of employees using email in a business setting for private use is an area most businesses struggle with. The article linked to this post covers the issue in some depth from a US perspective – looking at recent US case law. While the Australian courts would not be likely to take these cases as precedent, they would still be informed by the content.

So what is the bottom line for company email policy?

* Companies need a stated email policy that clearly states all emails are the property of the company
* The policy needs to state all emails will be monitored
* The policy needs to extend to blogging, message board and forum posting
* It also needs to state all emails are stored on the companies server and can be searched
* Companies need to regularly remind employees of the policy
* Companies need to consistently enforce their policy

If you do that you will be half of the way there in any disputed case over who owns or can access emails.

Until next time

Ingrid Cliff
Heart Harmony

This entry was posted on Saturday, February 23rd, 2008 at 6:47 am and is filed under HR Manual. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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