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21

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 similar bonus was given in previous years. The employee's act of filling in his information does not seemingly amount to "consideration". Filling the ...


14

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, this law only applies to intercepting e-mails—not accidentally sending to the wrong party. There is no legal protection for "reply all" or "accidental send" human ...


11

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 information through what is a called a "request to produce" issued by one party to another party without a subpoena, and under general information disclosure ...


8

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 intentionally interfere with mail that is not addressed to you. For example - Australia. However, this is statute law and as such does not extend to emails - even if ...


8

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 physical signature. You are probably in the same legal position yu would have been in if you had written, signed, and sent by post a letter of acceptance.


7

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 machines), facsimile machines (fax) or electronic mail for the purposes of direct marketing may only be allowed in respect of subscribers who have given their ...


6

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 "warnings" have no significance (it's a crime even without the warning) and surely have no deterrent effect (OMG, hacking is a crime, I had no idea!!). The main ...


6

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 terms you need a separate tick box for marketing emails, and it must be unticked by default (opt-in).


6

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 to advertise services all is handled by the same law: Without the consent it is expressly illegal under §7 of the law against unfair competition (Gesetz gegen ...


5

"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 received from them is an amendment to their Terms of Service. I.e., your contract with the company starts with their standard Terms of Service, and is modified by ...


5

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 being sued can be expensive, no matter whether you are wrong or right. Send a letter by registered mail, with a witness to the contents, that you are the only ...


5

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 is debated. In particular, copyright is one of those areas that requires the judge to consider the particular facts of the case. In this scenario: The ...


5

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 affirmative action, signifies agreement to the processing of personal data relating to him or her; Recital 32 says (my emphasis): Consent should be given by a ...


5

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 keep sending another email just because the recipient has not replied to your previous one. As for the issue that prompted you to start emailing the professor, ...


5

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 or repeat the attempt makes it clear there was no intent to obtain unauthorized access, and the emails make that even more clear.


5

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, including those sent from other countries (of course, likelihood of enforcement is another issue). In general, a commercial electronic message can only be sent ...


4

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 Australia, when we make laws prohibiting something, the law usually appoints a government agency to administer the law and bring prosecutions under it, and fines ...


4

In common law jurisdictions there is a tort of breach of confidence. One of the requirements for proving breach of confidence is that the person who disclosed the confidential information must (or should have) known it was confidential: this notice does that. So, if, having received an email with that notice, a person discloses it, a suit for breach of ...


4

You're going to an administrative hearing overseen by an "Impartial Hearing Officer" (IHO). Your goal should be to present your case in as clear, concise, and compelling a manner as possible. If there are guidelines for the hearing then abide by those. Ideally, the IHO will be a real lawyer or judge, in which case they will likely be concerned with giving ...


4

In Germany, it most likely does not have any legal effect, and may even cause additional problems. To quote a lawyer's blog: Brauche ich einen Disclaimer unter meiner E-Mail? Wohl kaum… [...] Dieser Disclaimer ist nicht notwendig, sein Nutzen mehr als fragwürdig. Möglicherweise kann er sogar zu Abmahnungen führen. [...] Zur Wirksamkeit und den Rechtsfolgen ...


4

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 required to do anything. It can be deleted without a second thought. There is no specific law requiring someone to report this as it doesn't rise to the level of a ...


4

Yes, there are legal remedies. GDPR would first require them to handle the emails with a great deal of care. They would not have permission to read them and they may contain private correspondence or information, which is protected by GDPR. As such any abuse of that information, or even storing it for longer than required to identify it as such, would be ...


4

Contacting a business email about a business matter is usually fine, but in this case we have an unsolicited marketing communication (spam), not really a business matter. The client's jurisdiction likely has more specific rules about spam. Also, it is unusual (read: presumably illegitimate) to contact individual employees rather than the company's official ...


4

GDPR does not require consent. It requires a legal basis. Consent is only one legal basis among many. Some other legal bases are: legitimate interest (implying an opt out solution) necessity for performance of a contract If your customers pay you to deliver email updates, that contract is the legal basis for sending email updates. The only wrinkle is that ...


4

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 though, then an opt-out solution is OK. What falls under a legitimate interest can be fairly flexible, but you are required to show that this legitimate interest ...


4

In the United States, at least, this is a pretty easy question. There are of course plenty of reasons not to enjoy the e-mail. Perhaps the reader gets too much spam. Perhaps the reader is a fascist. But no one who accepts the American conception of free speech should have any trouble intuiting whether sending this e-mail was legal. Communications in support ...


4

Acceptance of an offer forms a binding contract under German law You can accept a contract orally, by action or, as you did, in writing.


4

united-states If there is more than 1 email account annoying you online, do you need to obtain separate court orders to identify each one, or is one order sufficient? A judge could order an email provider to unmask multiple accounts with one court order. Judges are not really restricted in the number of things they can do per order, as long as it's within ...


4

Written promise pre-purchase vs signed agreement, what's stronger? The signed agreement is decisive because it "states that it supersedes any previous agreements". The language portrays that the customer no longer considers the refund option a requirement for moving forward with the transaction. Signing that contract without the right to a refund ...


3

The second paragraph actually says that your e-mail address will become public record if you send an e-mail message to them. That's because there's a Florida law that requires this. If you want to communicate with the school without your e-mail address appearing in the public record, you can call on the telephone, send postal mail, or visit in person. The ...


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