To be enforceable a contract must have agreement and consideration (i.e., some kind of payment). So, if you and your email sender entered into some kind of enforceable contract where you agreed, for example, that you would not forward email from the sender and covered the consideration element, then the sender might have a breach of contract action against you. However, attempting to create a contract by simply asserting something like "I hereby notify you that you are not permitted to forward my emails," does nothing without both agreement on your part and some kind of consideration. This is why those disclaimers at the bottom of business emails that say things like
are actually worthless. |
DCUM, I love you all. Thanks! |
Or use something like Virtru to prevent emails from being forwarded... Google "Virtru email safety" |
People can copy/paste texts and forward those too. |
I guess this is why so many employers now have that disclaimer boilerplate at the bottom of all their emails... Only to be seen by the intended recipient, etc. |
Not illegal. The e-mail is his/hers now. |
Don't write anything in an email that you wouldn't want published on the front of the Washington Post. Of course it isn't illegal (unless you received in when in a position that has disclosure requirements, such as as an attorney or health care provider). |
Yeah, but if someone still then forwards that email, it's still not illegal right? Provided it's not some sort of legal privileged information? |
Which is pretty much useless in a legal setting. We had a Payroll intern accidentally forward everyone's pay information to one department. Of course, once someone realized what it was, they told all their co-workers to quickly open the email before a senior up person realized the mistake and came around to make everyone delete it. Within minutes it was forwarded to people in other departments until finally someone who'd been with the company 14 years saw they were making less than a few people who'd been there for 1-2 years and stormed into the HR head's office. It was a mess and crazy tense at the office for weeks afterwards. People wanted the intern fired; the intern countered with wanting those who read and forwarded the email fired for not respecting the email disclaimer. Legal came in to calm everyone down and we were told that email disclaimer means nothing. |
NP here but my ex wife and her attorney seem to think it is. She even sent me a canned disclaimer and CC'd her attorney on it threatening litigation. In my case, the email in question was just her denying a daycare bill was sent to her, but I know it was, so I forwarded it to the person who sent it to her and asked them to confirm. |
Wow, I wish one of our payroll folks would make that kind of mistake! I would love to see how the pay stacks up in my org. |
+1 |