What many companies don‘t know:
A company can be held liable for the emails sent by employees.

Organizations worldwide rely on email as their main channel of communication both internally and externally. Although many would disagree about email as a business tool, email needs management in order to avoid becoming a corporate liability.

On November 23, 2001 the United States joined 29 other countries in signing the Convention on Cybercrime, an international treaty aimed at strengthening the signatories’ abilities to combat cybercrime worldwide. The treaty takes measures to ensure that a corporate entity can be held liable for the acts of its employees, if corporations are found to be insufficient in supervising their employees. European courts have already held companies liable because their employees sent defamatory emails over the company’s mail server. The court categorized emails as publications, identifying the employee as the author and the company that supplied the mail service as the publisher.

If an organization can prove a “duty of care” to minimize unacceptable employee activity, then it can reduce its potential liability. By implementing Webdefender’s line of security solutions, an organization can minimize legal liability. USA: Nissan Motor Company. Two employees at Nissan who were fired for sending sexually explicit email messages subsequently sued for unfair dismissal, claiming violation of privacy. However, Nissan won the lawsuit because it had an email policy in place that prohibited the use of company-owned computer systems for non-company business (January 2000, Human Rights (USA) / Computer Weekly).

USA: Nissan Motor Company. Two employees at Nissan who were fired for sending sexually explicit email messages subsequently sued for unfair dismissal, claiming violation of privacy. However, Nissan won the lawsuit because it had an email policy in place that prohibited the use of company-owned computer systems for non-company business (January 2000, Human Rights (USA) / Computer Weekly).
 

Germany: in 1995 a senior executive at CompuServe Germany was indicted for trafficking in obscene material over the Internet. The sentence has since been reversed because it was found that German law could not restrict international Internet access.
 

In 1995 Chevron USA paid $2.2 million to four female employees to settle a lawsuit in which the women claimed they were sexually harassed with email jokes (November 1998, The San-Diego Union-Tribune, USA)

An increasing number of decision makers are actively looking to reduce corporate liability. Webdefender´s Content Security solutions contain new and innovative features such as lexical analysis, which filters emails with questionable content (i.e., right-wing radicalism or obscene material). Webdefender´s security solutions provide corporations with the tools to reduce liability while cutting costs at the same time.

 

 

 

 

 

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