3. Electronic Communications Policy
(e-Mail, Internet & Telephone)
Introduction
With the very rapid increase in the use of E-mail and the Internet you should be aware of the potential dangers, not least the risk of libel discrimination or defamation. The company has taken advice on this matter and in light of recent case law we set out our policy for the use of these facilities. This is as much for your protection as for that of the company. This policy is not intended to discourage their use in anyway, but to give guidance for using them in a professional and business like way.
1. Emails
- The prime use of E-mail is for company business.
- The company encourages the use of E-mail in preference to fax or letter.
- You should always use the same professional skills and care as if you were writing a business letter in the normal form and sending it on company letterhead.
- Be careful of the kind of information transmitted about commercial contacts – competitors, customers, suppliers, advisers and the like. This is especially easy to overlook on internal e-mail, as it is understandable to think you are just ‘talking’ to a colleague when in fact you are ‘documenting’ your views.
- Do not be tempted to include any sort of defamatory personal information in any e-mail. This includes some forms of office gossip – personal libel can be just as costly as corporate libel.
- You must not send e-mails that are in any way, vulgar, hateful, culturally religiously or racially objectionable, annoying, menacing, embarrassing, cause harassment or are of a sexual nature. Remember, sexual and racial harassment are illegal and may lead to dismissal.
- You must not impersonate any other person when using E-mail or amend a message received earlier in a chain.
- You must not send, outside the company, by E-mail any information of a highly confidential nature unless you are expressly authorised in writing to do so by the company. Information which the company regards as highly confidential includes (but is not limited to):
Sales figures or other information which concerns the commercial performance of the company or any customer or client of the company;
Company know‑how or other information which, if disclosed, could be beneficial to a competitor or detrimental to the company;
Information regarding any customer or client of the company which would not be in our possession had the person not been a customer/client.
The following types of behaviour, amongst others, is strictly not allowedwhether using email from the company or company-owned home-based computers:
- pornographic or sexually explicit material;
- threats;
- material containing derogatory racial, gender, religious or hate-oriented comments;
- negative remarks about products or other companies;
- defamatory remarks, including defamation of character;
- discriminatory language or remarks that would constitute harassment of any type;
- sending large attachments (if you are unsure of this speak to management);
- any other comment that offensively addresses someone’s age, sexual orientation, political beliefs, national origin , disability; or any other potentially sensitive issue
- illegal software sites (i.e. Warez, hacking tools, pornographic downloads, games downloads, utilities, screensavers, music and audio files);
- any other activities, which are categorised as illegal by international law and may result in financial or other loss to the Company or their employees such as possible imprisonment.
- Users may not allow others to use their email account. The employee will be held responsible for all actions performed on his/her email account so it is highly advisable to lock your computer when away from it.
2. Contracting
- Communications via e‑mails can lead to a binding contract being formed in the same way as communications by word of mouth or letter/fax.
- Unless you have prior written (including e‑mail) authorisation in writing from the company then you must avoid dialogues which could lead to a contract being formed. If you are in any doubt then you should contact your immediate manager as soon as possible.
- If you are authorised to conduct negotiations via e‑mail, then you must include the statements “SUBJECT TO CONTRACT”; in all such e‑mails until such time as it is intended that a binding contract should come into existence
- Before entering into a binding contract via e‑mail you must be satisfied of the legal identity of the other contracting party and that they are who they say they are. You must receive signed confirmation by the other contracting party that they will be bound by e‑mails sent from (or purporting to be sent from) their e‑mail address.
- If you are entering into a binding contract then you must state on each e-mail that ‘All business is undertaken only and strictly in accordance with our standard terms and conditions.”
- You must always include the company’s standard disclaimer on each E-mail.
- Do not disclose any password issued to you.
3. Remember:
3.1 E-mail is subject to the same law of libel, defamation or discrimination as if it were a paper message. For those not aware, publication of defamatory or unproven information to a third party is prima-facia evidence of libel and the plaintiff does not have to prove he suffered damage.
3.2 E-mails can by their very nature, be easily reproduced (not necessarily by you) and widely distributed and this can significantly increase the level of damage risk. The responsibility will lie with the author whether yourself personally or the company. Since E-mails are so easily transmitted around the world, the potential damages could fall under foreign jurisdiction and be that much greater.
3.3 Improper statements can give rise to personal or company liability
3.4 E-mail can be intercepted and you should assume that any message sent may be read by a third party.
3.5 E-mail messages may have to be disclosed in litigation or in investigations by regulatory bodies.
3.6 E-mail is an electronic medium and the moment you hit the ‘Send’ button the mail is transmitted and cannot be stopped.
4. Personal Use
4.1 The company permits a limited amount of personal use of E-mail, providing it is of a responsible nature and done usually outside normal office hours. You are reminded however that all E-mails are at the very least stored on the company’s computers and are available for audit and scrutiny. If mail you want to send is of a personal nature and you do not want it subject to these terms, do not send it via the company.
4.2 Internal office E-mails are prone to become very ‘chatty’, and often have absolutely nothing to do with company business. The company does not want to put a total embargo on this but it is detrimental to the company in terms of wasted time and repeated misuse will be frowned upon by management and appropriate action taken.
4.3 Occasionally offending E-mail might innocently be sent to you by a friend or acquaintance. In this event you should:-
4.3.1 Defend yourself by sending a new e-mail (i.e. do NOT click reply where this would result in forwarding any part of the offensive email) to the sender, and any connected parties, requesting that they refrain from sending offensive materials to you at work as in future it might cost you your promotion and in extreme circumstances your job. This is your evidence that you did not seek to receive the email and protection for the company as the offending email will probably still be on our server even though you may have deleted it.
4.3.2 NEVER forward an offending e-mail to ANYONE, in so doing you not only compromise yourself but the company. In future, disciplinary proceedings in accordance with your contract will be instigated if any member of staff is caught doing this. If you receive an unsatisfactory email please report it to your manager, you will be supported for doing so.
Should you continue to receive offending e-mails from the same person or persons and have not notified your manager of the problem and the corrective actions you have taken, it will be presumed that you have not taken sufficient corrective measures and disciplinary actions will be taken against you.
5. Internet
- In normal office hours you may only access the World Wide Web (“WWW”) in connection with the purposes for which you are employed.
- You must not deliberately visit, view, or download, any material from any web site containing obscene, indecent, vulgar or illegal material or material that is offensive or subversive in any way whatsoever. You must take reasonable care when using the WWW to avoid accessing such sites.
- You must not subscribe to any bulletin boards, newsgroups, or any other Internet service of any kind whatsoever without prior written permission from your immediate manager.
- You must not download, copy or transmit to third parties the works of others without their permission as this may infringe copyright or intellectual property rights. For the avoidance of doubt a file with a “.exe” extension would be a program and could fall into this category. This relates as much to E-mail as it does to WWW.
- You must not download software onto the system without the express written authorisation of the company. This includes software and shareware available for free on the Internet (much of which is only free to private users).
- You are not permitted to use the internet for any financial dealings in the name of the company or outside the normal parameters of your job or without express written authorisation of the company.
- Users of the Internet must:
- Take care not to compromise Company secrets through the use of the Internet.
- Not upload any material that is critical of the Company.
- Refrain from submitting any material for publication.
- Refrain from offering free material without having clearance.
- Not upload or download any material that is politically controversial, criminal, pornographic, blasphemous or otherwise inappropriate.
- Access only those Internet sites that they would feel equally comfortable leaving their business cards at.
- Virus-check all files sent or received using the Company’s standard virus protection software.
- Access the Internet only using the Company’s equipment. Access to the Internet through all other means, including by modem to private Internet accounts, is expressly forbidden.
- Ensure that no passwords are stored in file transfer and other utilities.
- Not cause or allow any agent or process to run which will automatically download data from, or upload data to, the Internet.
- Not set up any Internet services within the corporate network
- Not assign or configure any IP addresses etc. to any device without express authority.
- Not download any programs or executable software from the Internet onto the Company’s computers nor install any such programs or executable software on the Company’s computers. The policies and procedures regarding standard software on the Company’s computer equipment will apply at all times.
6. Restrict Access
IMPORTANT: The Company may, in its absolute discretion, withdraw or restrict access to the Internet at any time and for any reason. This policy is of critical importance. A breach or non‑compliance may lead to disciplinary action as set out in your contracts of employment including, in serious cases, dismissal.
7. Misconduct
Suspected abuse of the above guidelines will be investigated by the Company. If necessary, disciplinary procedures will be initiated against offenders. Depending on the gravity of and extent of the abuse, the disciplinary sanction may include dismissal. The Company reserves the right to view any employee’s e-mail if they suspect wrong doing.
8. Monitoring
- You are reminded that the company carries out random checks on a regular basis in order to implement this policy on employees’ email and internet access and in order to:-
- establish the existence of facts relevant to the company’s business (E.g. keeping records of transactions);
- to ascertain compliance with all regulatory or statutory requirements relevant to the business or with company practices and procedures;
- for the detection or prevention of crime or fraud;
- for the prevention and detection of unauthorised use of the system;
- to ensure securing effective operation of the system;
- monitoring communications for the purpose of determining whether they are relevant to the company’s business; and
- to ascertain or demonstrate standards that ought to be achieved by employees and for training.
- The random checks may include reading private emails (including those which you believe have been deleted) and checking lists of websites that have been accessed. Please note that these checks can be carried out centrally and do not have to be done via your pc.
- If you are absent from work your e-mails and voice mails may be accessed by one or more of your managers if required to do so for a business need.All deleted e-mails will be held on the back up tapes for a period of time and may be viewed if necessary.
9. Telecommunications
- You are also reminded that all telephone calls are recorded and records will be kept in order to:-
- Establish the existence of facts relevant to the company’s business (E.g. keeping records of transactions);
- Ascertain compliance with all regulatory or statutory requirements relevant to the business or with company practices and procedures;
- Detect and/or prevent crime or fraud;
- Detect and/or prevent unauthorised use of the system;
- Ensure securing effective operation of the system;
- Monitor communications for the purpose of determining whether they are relevant to the company’s business; and
- Ascertain or demonstrate standards that ought to be achieved by employees and for training.
- Random checks may also be undertaken for the above purposes. Such checks may include checking a list of the numbers faxed or called by you and monitoring your voicemail messages.
- You should be aware that when you are absent your colleagues will as a matter of course be asked to check your voicemail messages, to deal with any messages relating to Company business.