50
votes
Is it illegal to send email to someone’s work account?
No, it is not illegal. The company has no standing to punish you for that.
Companies can't sue random people for sending random email... that was largely settled under the (YOU)-CAN-SPAM Act, when in ...
23
votes
Is it illegal to send email to someone’s work account?
Jurisdiction: england-and-wales
There is nothing in law that makes sending an email to a company's account unlawful - it is the content and the sender's intent that may commit an offence: the more ...
22
votes
Accepted
Could the GoDaddy employee self-phishing test constitute a breach of contract?
Could the GoDaddy employee self-phishing test constitute a breach of contract?
No. There is no contract. It was only the announcement of a gift. That gift might have been unexpected, especially if no ...
20
votes
Is it legal for a company to require you to delete your account to unsubscribe from marketing emails?
No, it's not legal.
The General Data Protection Regulations (GDPR) apply given that you are in the UK (regardless of where the Data Processor is based). The UK GDPR is slightly modified due to Brexit,...
16
votes
Accepted
Does a boilerplate "This email is private" message have any legal force?
Do these warnings have any legal force?
In the United States, no. They do not have any legal force. Some have tried to argue that the Electronic Communications Privacy Act (ECPA) applies; however, ...
14
votes
Is it legal for a company to require you to delete your account to unsubscribe from marketing emails?
Unless a stipulation in a contract is clearly illegal in the contract's stated jurisdiction, it's legal to have it in a contract, and the Terms of Service (TOS) you clicked through is a contract. If ...
12
votes
Is it illegal to send email to someone’s work account?
Sending the email with personal content to a corporate email account would not generally be illegal, depending obviously on jurisdiction but not anywhere I'm aware of.
However, the content of the ...
11
votes
Accepted
Personal devices subject to subpoena?
A litigant could issue a subpoena to you demanding the information on your phone relevant to their case.
If your employer or you are parties to a lawsuit, you can also be required to provide ...
8
votes
Accepted
Legal protections for an expired email domain
Not that I am aware of.
A person who 'owns' a domain is entitled to utilize that domain including for the purposes of receiving emails.
With physical mail, it is a crime in most countries to ...
8
votes
Is an email legally binding for booking an apartment in Germany?
In most jurisdictions a message sent by email is now legally the same as one sent on paper by, say, postal mail, and a name typed at the end, or other indication of source is the legal equivalent of a ...
8
votes
Is it legal to CC a real or fake lawyer on an email as an intimidation tactic? What if this is combined with registering a new domain?
A standard common law fraud analysis applies to the person to whom the representation was made. Is it a misrepresentation of a material fact, made with the intent that it be relied upon, which is ...
7
votes
Accepted
Deducing and using an email address under GDPR
First take a look at Article 13(1) of Directive 2002/58/EC
Article 13
Unsolicited communications
The use of automated calling systems without human intervention (automatic calling ...
6
votes
Does a boilerplate "This email is private" message have any legal force?
In the US, this is generally legalistic puffery. There are prohibited acts such as breaking into a person's Gmail account or hacking into their computer, whereby one might see such an email, but such "...
6
votes
Is accepting to receive emails as part of user terms legal in GDPR?
No. You have to ask for specific permission to send marketing emails, and can't make it a condition of making a purchase since marketing emails are clearly not necessary for that.
When accepting the ...
6
votes
Is it illegal to pre-check the email opt-in option for an html form?
Article 4(11) says:
‘consent’ of the data subject means any freely given, specific,
informed and unambiguous indication of the data subject’s wishes by
which he or she, by a statement or by a clear ...
6
votes
GDPR Disclaimer On Cold Call Emails
That GDPR Disclaimer is no protection in some jurisdictions: the applicable laws to that situation in germany for example don't care about the GDPR:
Cold calling, mailing, or e-mailing private people ...
6
votes
Accepted
"For people in Canada" in MS Teams' "Your daily briefing" email
Canada's anti-spam legislation (CASL)1 at the time was more strict than the regulations in other countries (e.g. CAN-SPAM Act in the U.S.). Notably, it applied to all emails sent to people in Canada, ...
6
votes
Is it illegal to send email to someone’s work account?
Sending the email is not illegal.
But keep in mind that in many companies, especially larger ones, any and all email that an employee sends or receives in a corporate account may be read by company ...
6
votes
Accepted
How do email delivery services store users' email addresses in a GDPR compliant way?
GDPR is not a blanket ban on the handling of personal data. It is a set of guidelines when and how data may be processed and stored. Documenting the compliance with a deletion request is one of many ...
5
votes
Accepted
Written evidence vs terms of service
"Fraud" requires an intent to deceive. In cases like this I would fall back on the saying, "Never attribute to malice what can be explained by incompetence."
Practically speaking: the email you ...
5
votes
Left Job with all acounts, etc. with personal email
What's the worst that can happen? If you do nothing, it's a bit inconvenient. If you delete all that company's stuff, who knows what they could sue you for. I'm not saying they would be right, but ...
5
votes
Accepted
Can I freely redistribute attachments in emails? [USA]
tl;dr
Assume everything is as in the original question, but let's also say there's some generic accompanying text in the email to the effect of "Check this out."
As nomenagentis mentions, the topic ...
5
votes
Accepted
Regularly receiving a stranger's emails
I spent 26 years in Law Enforcement (two years in Fraud, Identity Theft, and Embezzlement) and here is the answer I would often give other people in this situation:
By law, recipients are not ...
5
votes
Can I refuse to send an email to untrusted domain
Communicate how you like
You are under no obligation to use any particular method of communication. If you don’t want to use email use the post. Or hand-deliver your messages (probably better to use a ...
5
votes
Accepted
Is it illegal to pre-check the email opt-in option for an html form?
If you are relying on consent as the legal basis for this processing of personal data, then it MUST be opt-in. Pre-ticked checkboxes are not compliant.
If you are relying on a legitimate interest ...
5
votes
Accepted
I emailed a law and data privacy professor regarding an issue I was having to do with internet privacy law. Will I get in legal trouble for this?
Could I get into legal trouble for this?
No. Relax. Your three emails are very unlikely to cause a data privacy professor to feel harassed. Just move on regardless of whether he replies at all. Don't ...
5
votes
Accepted
Will a court order be taken out for this? Could the FBI get involved in something like this?
It is not a crime or a tort to accidentally sign in to an email provider with an incorrect email address, even if that address is actually held by some other person. Not attempting to enter a password ...
5
votes
Is it legal to CC a real or fake lawyer on an email as an intimidation tactic? What if this is combined with registering a new domain?
For a private individual: yes. For a business: no
There is no doubt that not only is this misleading, but it is also intentionally misleading: the purpose is to create the belief in the recipient that ...
5
votes
If I copied an agreement and sent it as an email and had someone reply with the fields and "I agree" would it be a valid contract?
Yes, that would, or at least could, be a legal contract.
The key thing that makes a contract between two parties is the agreement, the intention to enter into a binding contract. The written words are ...
4
votes
Accepted
Could anyone sue spammers?
The lawyer referred to in that article is suing in his capacity as the recipient of spam emails under California's anti-spam law.
Not every jurisdiction has a law like this. I'm from Australia. In ...
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