Instrumentos y técnicas de recogida de datos

After several high-profile lawsuits with multi-million dollar penalties concerning the contents of corporate emails, companies are increasingly aware that simply by using email they are exposing themselves to legal threats. Email disclaimers can also be used for marketing purposes or to pro- vide warnings about unknown or unverified email senders or for any other reasons determined by an organization.

Exchange Server 2007 includes the ability to add text disclaimers to email messages that are processed on a computer that has the Hub Transport server role installed. Disclaimers are typically used to provide legal information and warnings about unknown or unverified email senders, or for various other reasons as determined by an organization.

There are several legal threats that disclaimers can help protect against:

Breach of confidentiality By including a disclaimer that warns that the content of the email is confidential, you can protect your company against the exposure of confidential information. If the receiver breaches this confidentiality, they could be liable.

Accidental breach of confidentiality If an employee were to receive a confidential mail from someone and by accident forward it to the wrong person, the employee, and therefore the com- pany, could be liable. This can easily happen. For instance a wrongly addressed email can be forwarded to a postmaster, who might not be authorized to read the mail. Furthermore, email can easily be intercepted. If you include a statement at the end of your mail that the message is only intended for the addressee, and that if anyone receives the email by mistake they are bound to confidentiality, this could protect you.

Transmission of viruses If an employee sends or forwards an email that contains a virus, your company can be sued for this. Apart from implementing a good virus checker that blocks viruses entering and leaving the company via email, you can also warn in your disclaimer that the email can possibly contain viruses and that the receiver is responsible for checking and deleting viruses.

Entering into contracts Written communication, including email, can be used to form bind- ing legal contracts if the individuals have actual or apparent authority to do so. If you do not wish certain employees to be able to form binding contracts by email, you could include a statement that any form of contract needs to be confirmed by the person’s manager. Negligent misstatement By law, a person is obliged to take care when giving advice that a third party relies on. If an employee were to give professional advice in an email, the

company will be liable for the effect of the advice that the recipient or even third party, reason- ably relies upon. A suitable disclaimer could protect your company from this kind of liability.

Disclaimers Are Not a Panacea

There is no certainty that if a company is sued for the contents of an email, that an email disclaimer will protect it from liability in a court of law. However, it will certainly help and in some situations might exempt the company from liability because it can show it has acted responsibly.

Although a company is ultimately responsible for the actions of its employees, including the content of any emails they send, a disclaimer can decrease liability. If a company can show that it has cor- rectly instructed its employees not to send libelous, inappropriate, or defamatory statements this could help in disclaiming responsibility if an employee breaches these rules. A company can demonstrate this by including an email disclaimer to that effect, and by implementing an email policy that clearly warns employees against misuse of email.

There is no disclaimer that can protect against actual libelous or defamatory content. The most a dis- claimer can accomplish in this respect is to reduce the responsibility of the company, since it can prove that the company has acted reasonably to stop employees from committing these offenses.

Apart from legal uses, disclaimers can be used to add a footnote or to add a signature for marketing purposes. A ‘‘disclaimer’’ can also be used to add a company address, URL, and/or slogan if wished. In some countries companies are required to state the company’s particulars on any written communication. Since email is also written, it is probably best to include this in emails as well.

Another benefit of using disclaimer is that they help an enterprise convey a professional, trust- worthy image.

Disclaimer Examples

Disclaimers can serve a variety of purposes, not only legal but also marketing and customer service support and information ones. The following examples, taken from my own email, show you the uses to which this technology can be put. You encourage management to think of various proactive ways to use disclaimers to promote their business and not just for defensive antilawsuit purposes.

Amazon.com

We hope you found this message to be useful. However, if you’d rather not receive future emails of this sort fromAmazon.com, please visit the opt-out link here:http://www.amazon.com/ gp/gss/o/1U4V7f41B4j.GH5WzGigvvY4BFb47iy-8AQqoA9w43HM

Please note that product prices and availability are subject to change. Prices and availability were accurate at the time this newsletter was sent; however, they may differ from those you see when you visitAmazon.com.

(c) 2007Amazon.com, Inc. or its affilates. All rights reserved. Amazon,Amazon.comand the

Amazon.comlogo are registered trademarks ofAmazon.com, Inc. or its affilates.

Amazon.com, 1200 12th Ave. S., Suite 1200, Seattle, WA 98144-2734.

GFI

DISCLAIMER

The information contained in this electronic mail may be confidential or legally privileged. It is for the intended recipient(s) only. Should you receive this message in error, please notify the sender by replying to this mail. Unless expressly stated, opinions in this message are those of the individual sender and not of GFI. Unauthorized use of the contents is strictly prohibited. While all care has been taken, GFI is not responsible for the integrity of the contents of this electronic mail and any attachments included within.

This mail was checked for viruses by GFI MailSecurity. GFI also develops antispam software (GFI MailEssentials), a fax server (GFI FAXmaker), and network security and management software (GFI LANguard) -www.gfi.com

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Law offices of Hilary B. Miller

This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is legally privileged, confiden- tial and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender imme- diately by telephone (203-399-1320) or by return email and delete the message, along with any attachments, from your computer. IRS Circular 230 disclosure: Any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein. Thank you.

British Airways

IF YOU HAVE RECEIVED THIS EMAIL IN ERROR This is a confidential email intended only for the British Airways customer appearing as the addressee. If you are not the intended recipi- ent please delete this email and inform the sender as soon as possible. Please note that any copy- ing, distribution or other action taken or omitted to be taken in reliance upon it is prohibited and may be unlawful.

Jumeirah Emirates Towers Disclaimer

Jumeirah is a trade name of Jumeirah International LLC, a limited liability company incorpo- rated in Dubai. Commercial Registration Number 57869. Share Capital Dhs. 300,000 fully paid up.

The information in this email is private & confidential. It is intended only for the use of the per- son(s) named. If you are not the intended recipient, you are notified that any dissemination or copying of this communication is prohibited and kindly requested to notify the sender and to then delete this message. Jumeirah International LLC gives no representation or guarantee with respect to the integrity of any emails or attached files and the recipient should check the integrity of and scan this email and any attached files for viruses prior to opening.

Unique Disclaimers

The following conditions are examples of business conditions that might require that you use unique disclaimers:

◆ Legal requirements that may be different in various countries or regions ◆ Different languages

◆ Business or regulatory requirements that may be different in multiple regions ◆ _{Potentially unsafe email messages that are sent to internal users}

Disclaimers for Messages That Can’t Be Modified

Some messages, such as encrypted messages, prevent Exchange from modifying the content of the original message. Exchange enables you to control how your organization handles these mes- sages. When you create a new disclaimer, you can decide whether to wrap a message that can’t be modified in a message envelope that contains the disclaimer, reject the message if a disclaimer can’t be added, or let the message continue without a disclaimer.