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July 18, 2005
State Facts and Policies for Emails Sent or Received via the Internet
Part 3
Emails sent via the Internet are not secure - messages can be tampered with, accessed by individuals other than the intended recipients and there is no guarantee of delivery. It is important to outline this information within your Email Policy - if employees are oblivious to these facts the organization is exposing itself to a number of risks, including potential breaches of confidential information.
As well as outlining the facts regarding Internet based communications, it is important to define the organization's policies with respect to email sent to or received from external parties such as suppliers, customers and partners via the Internet.
These include:
These include:
- How employees should communicate confidential or sensitive information with third parties - it may be preferable to use other forms of communication for such material
- Procedures for how to deal with messages containing attachments from both known and unknown sources
- There is a risk of introducing viruses via attachments so employees should be aware of the organizations policy with respect to how these should be checked prior to opening
Procedures for handling SPAM emails (mass marketing or inappropriate emails sent unsolicited to a large number of email addresses) - we advise that these are simply deleted without being opened
Determine Email Retention Policy
If employees never deleted email sent or received from the corporate email system, they would expose the organization to greater risk, such as a legal threat resulting from the contents of an inappropriate email.
Additionally, the resulting storage burden on the company's IT systems would increase by an order of magnitude.
Therefore, emails need to be managed based upon their value to the business either from a commercial, legal, regulatory, or operational perspective.
Define the what `email housekeeping' is expected of staff and whether the organization will automatically delete emails more than a certain number of days old. Request emails are kept for no longer than necessary, ensuring only relevant emails are retained.
It is essential to ensure that emails are not deleted where contrary to the disclosure requirements of any legal or regulatory regime; some regulators define retention periods. You should be aware it is illegal to destroy email evidence after receipt of a notice of a lawsuit or during a trial.
In 2002, 8 US brokerage firms failed to retain and/or produce emails according to SEC regulatory guidelines and were fined $8 million.
You also need to consider the legal risks of emails which may be held on backup files but subsequently deleted from a user's personal email folder and how you can best mitigate this.
Disclose Your Organization's Monitoring Procedures
In line with appropriate privacy and data protection legislation, your organization needs to inform its staff what, if any email monitoring of either emails or usage logs takes place. The Email Policy is the most appropriate means of detailing such monitoring. Of course any monitoring must be in accordance with appropriate laws and regulations.
Introduce an Email Disclaimer
The introduction of an Email Policy will reduce the risk of the threats resulting from inappropriate use of your organization's email system. However, no matter how explicit and detailed the policy and the toughness of its implementation, a risk still remains. It is therefore prudent to introduce a legal disclaimer at the bottom of all emails outlining the terms of receipt in an attempt to limit such liability. These may include areas such:
- Whom the content of the email is intended for - i.e. addressing the confidentiality question
- The views and opinions expressed by the author may not also be that of the organization
- The transmission of email cannot be guaranteed to be secure or error-free.
Such a disclaimer is not guaranteed to eliminate the legal and other risks but it will at the least demonstrate in a court of law that the organization has considered the ramifications of inappropriate email use and has made an attempt by the introduction of an Email Policy and email disclaimer to take its responsibilities with respect to such matters seriously.
Incidentally the full version of CorpEmailPolcy comes complete with a special bonus containing a short and long - cut-and-past - example email disclaimers.
Define Best Practice Guidelines
Often overlooked, it is essential to outline a series of best practice guidelines around the drafting of and replying to emails to ensure the contents are professionally drafted to convey a professional image and present the impression of high-quality customer service whilst only communicating using email when really appropriate.
Outline when it may be appropriate to use a more appropriate medium for communication such as the telephone or face-to-face meeting; for example when the issue to be discussed is complex, confidential or to resolve a disagreement.
Present guidelines about how to draft an effective email to ensure the message is appropriately conveyed and ensures any action required by the recipient is clear. Detail the standards required when replying to an email, for example typical response times and the prioritization of emails received.
We hope you've enjoyed this special course on preparing your own effective email policy.
As you can see, there's a lot of detail that you need to get right. It's not just about the email policy itself, but the way that you go about implementing it within your organization.
Fortunately you can short-cut the process by picking up a copy of the professional created WorkingDocs.comTM
Michael Green
Founder HowToCorp
Posted by OneWebCo at July 18, 2005 11:56 PM
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