AardvarkBusiness.net - Business Search Engine AardvarkBusiness.net - Business Search Engine



 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister   ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

     

"STRICTLY CONFIDENTIAL" emails

 
 
Post new topic   Reply to topic    AardvarkBusiness.net Forum Index -> Law & Insurance Forum
View previous topic :: View next topic  
Author Message
paul
President
President


Joined: 15 Oct 2002
Posts: 8314
Location: UK
11706 ants

PostPosted: Fri Nov 27, 2009 11:35 am    Post subject: "STRICTLY CONFIDENTIAL" emails Reply with quote

I keep getting badgered by a company which I've highlighted on here in the past and that I know has been highlighted on other forums. In short, they are a pain in the backside and I wouldn't trust them with a bargepole. At the end of their emails they've added:

Quote:
This message was sent by [name removed], it is STRICTLY CONFIDENTIAL and is solely for the individual or organisation to whom it is addressed. It may contain PRIVILEGED and CONFIDENTIAL information. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication and its contents is strictly prohibited. If you have received this communication and its contents in error, please notify us at [removed] and delete it and any copies from your computer.


As I see it, this is a bit of a get-out clause for their underhand antics not to be published online. If people want to expose them, they can't - according to this, at least - post what they've been sent. But would it stand up in court? What if I was to publish something for general consumption even though they didn't want me to? What would the comeback be? It's nothing top secret in the emails... more just a case of them spamming and being rude when I ask them to stop.

I asked them to stop contacting me and got something back saying that was fine as they had other people who were worth spending time on. To that I replied with:

Quote:
What part of "Please do not contact us again." are you struggling to
understand?

Please do not contact us again.


Twisted Evil

I'm sure they won't be able to resist replying to that, though. Rolling Eyes
_________________
UK Hotels - UK Selfcatering
Luxury Travel - Lake District Apartment
Back to top
View user's profile Send private message Visit poster's website
Kay
President
President


Joined: 07 Jan 2009
Posts: 3079
Location: Mostly SE Asia
4173 ants

PostPosted: Fri Nov 27, 2009 1:11 pm    Post subject: Reply with quote

Where are they based, Paul? I'd have thought that that might help to determine jurisdiction. If they're in the US and you're in the UK, what are they going to do to you exactly if you expose them?
_________________
http://britishexpat.com
Back to top
View user's profile Send private message Visit poster's website
paul
President
President


Joined: 15 Oct 2002
Posts: 8314
Location: UK
11706 ants

PostPosted: Fri Nov 27, 2009 2:05 pm    Post subject: Reply with quote

They have set up a UK company but I think they originally emanate from Asia somewhere. They have threatened with legal action before when I've exposed them.
_________________
UK Hotels - UK Selfcatering
Luxury Travel - Lake District Apartment
Back to top
View user's profile Send private message Visit poster's website
trev
President
President


Joined: 15 Oct 2002
Posts: 3011
Location: NW England, UK
4037 ants

PostPosted: Sat Nov 28, 2009 10:40 pm    Post subject: Reply with quote

Since you haven't signed a confidentiality statement, NDA or similar before receipt of said email then I suspect there's a bit of a problem in trying to enforce that one. A lot of councils seem to have the same thing at the bottom of their emails which I'm absolutely certain is not in any way enforceable.

If there's personal information in there then they might be able to claim that publishing said information breached the EU human rights act under right to privacy, but would love to see that come up in court....especially from a spammer.

If you used information within it to hack their computer systems then they could have you under the computer misuse act, but that's criminal law and thus they'd need to go to the police. Doesn't look like that quite qualifies, plus if they're not in the UK it's even harder.

If there were trade secrets in there that you disclosed then they've essentially gotta sue you for damages, but according to one solicitors web site I just read there's basically nothing out there in UK law that states you can't use information received from an employer or trade partner (which they would be) to your own benefit. Preventing this would potentially breach competition laws.

So in essence they're stuffed...! Smile

Trev
_________________
Mad Theories - Ambleside - Coniston - Grange
Back to top
View user's profile Send private message Visit poster's website
adigaskell
President
President


Joined: 01 Jul 2004
Posts: 5428

7099 ants

PostPosted: Mon Nov 30, 2009 11:21 am    Post subject: Reply with quote

Isn't this just a tactic used to get this stuff shared on the web? Another one is to issue a recall message not long after distributing a press release. People assume that something naughty has fallen into their lap and rush to tell folks.
_________________
My social media blog
Back to top
View user's profile Send private message Visit poster's website
kindsvater
Temp


Joined: 17 Oct 2005
Posts: 4

7 ants

PostPosted: Thu Dec 31, 2009 5:28 am    Post subject: Reply with quote

That type of language does not bind you to a confidentiality agreement prohibiting further communication about the email.

Rather, it is a boilerplate notice that if mail intended for someone else is accidentally sent to you, that you are not to make use of it.

Even then, whether you could do anything with the email or not depends on many circumstances, such as the sender, intended recipient, and actual message.

Such language also helps the sender CYA in case email is misdirected.
_________________
Brian Kindsvater

http://InternetMarketingLawCenter.com
http://Lawzilla.com
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    AardvarkBusiness.net Forum Index -> Law & Insurance Forum All times are GMT + 1 Hour
Page 1 of 1

 
Google
 
Business Forum Sport Forum Travel Forum


Powered by php B B © 2001, 2002 php B B Group

AardvarkBusiness.net Business Search Engine & Directory