Website and Email Law

1. Email Basics

The same basic rules which apply to ordinary business letters also apply to emails.

1.1 You need a standard footer stating your company name and other details:

• You must include your registered office address, a contact email address, registered number and country of registration.

1.2 You may want to include a standard disclaimer. A disclaimer might state:

• 'This email is confidential and intended for the use of the intended recipient only. If you have received this email in error, please inform us immediately and then delete it. Unless it specifically states otherwise, this email does not form part of a contract.'

1.3 The content of an email is covered by the same laws as the contents of a letter.

• Do not send or forward emails that would be illegal, offensive or discriminatory if sent as ordinary documents.
• Check the contractual implications of an email before sending it (see 2.1).

1.4 Commercial emails are covered by a range of regulations.

• You must clearly show the purpose of the email and who it is coming from.
• You must provide a valid address which recipients can use to opt out of receiving further emails from you.
• You cannot send marketing emails to consumers, sole trader or unincorporated partnerships without their prior consent - unless their email address was collected in the course of a previous sale or sale negotiation relating to similar goods or services.
• Any promotional offers contained in your emails must be obvious, clear and easily accessible. Any competitions or games must also be obvious, and the rules both clear and accessible.

1.5 Emails can present high risks.

• Emails are easy to distribute widely. A misguided email sent round the office could be forwarded round the world in seconds.
• Emails (and Internet sites) are easily stored and used as evidence.
• If an email is sent (or forwarded) to an international recipient, that country's laws may apply to its content. For example, you might be sued in that country for publishing a libel that may not necessarily be libellous under English law.
• Your business is likely to be held liable for emails sent by employees. See Email.