Email and law
With the development of the Internet as indispensable working tool, litigation related to its use in the workplace was developed concurrently. The French judge was asked repeatedly about the rights of the employer on the electronic correspondence maintained by its employees in the workplace with the tools at its disposal by the same employer. In this area, stop “Nikon” of October 2, 2001, issued by the Social Chamber of the Court of Cassation, which is considered the founder of stopping this type of litigation. He devotes to the employee the “right, even at the time and place of work, respect the privacy of his private life,” implying that right “in particular the confidentiality of correspondence, the employer can not therefore breach.
This fundamental freedom to read personal messages issued by the employee and received by him with a tool available to him for his work and this even where the employer would have prohibited a non-business use of the computer. In this case, the employee had sorted his mail messages, some of which are archived in a folder named “Staff”. The scope of this decision has subsequently been tempered. The Court of Cassation, to resume this type of litigation, ruled by the voice of the Social Chamber, 30 May 2007. She said while the trial court should “determine whether the files open on the material made available by employers and individuals were identified by the employee.”
It is therefore the employee to arrange his private correspondence at work to protect all the elements that can contribute to such an email subject, the title of the folder where it is archived, the appearance of enclosures. It weighs well over the employee, a presumption of professional correspondence maintained through the tools at his disposal by his employer, who is In charge for the employee to rebut this presumption by giving an appearance at his private correspondence to protect it.
This relative protection is limited by the possibility granted to the employer to exercise its cyber employees. Under his able leadership and control of its employees, the employer may implement means of monitoring the use made by employees of the tools at their disposal, it is nevertheless necessary to advise and inform the staff representative bodies if they exist (Article L2323-32 Labor Code).
Development rights around the email address
The email tends to be increasingly recognized as a valid means of contacting a person despite the difficulties it entails identification (if not explicit addresses, having no surname of the person contacted and does not allow immediate identification).
The mechanism known as “graduated response” inserted in the Creation and Internet law establishing the High Authority for the Distribution of Works and the Protection of Rights on the Internet states that the authority may notify a user that is currently engaging in acts of infringement for the first email. The warning which carries legal consequences, since it constitutes the first step of a system of graduated sanctions that may result in suspension of Internet access.
The first step in the direction of portability of the email address linked to the ISP, like the mobile phone number, “at a reasonable price.” The goal is that, for example, a subscriber to a service providing access to the Internet X can terminate his contract and sign a contract with a vendor while keeping Y address “abonné@fournisseurX.fr.
A second amendment provides for the establishment of a service re-routing of mail in six months to the new address of the subscriber who terminated his contract with the supplier first. This service is provided by the ISP that the subscriber has left.
The usefulness of these amendments is hampered in part to the fact that many users use an email service independent of their ISP (Yahoo, Gmail, Hotmail), which does not change the problems of address.
Some point to the possibility of rerouting mails for six months and that spam makes up 85% to 90% of the volume of messages sent worldwide : the supplier must he redirect all mail without filtering spam , at the risk of making himself guilty of transmission of unsolicited mail? Will he risk the spam filter does not transmit false positives?
According to a recent survey conducted by GMX, e-mails play a role in the image returned by the sender. Thus more than half of Americans would consider the intelligence of their correspondents on the content and form of emails they receive. The writing style, the quality of language and tone used in writing are the main points of trial. Similarly, one third of users feel they can e-mail to judge the age and level of authority of their correspondents and fifth to get an idea of the future success of the life of these correspondents.
Email and social life
Research has shown that email was particularly used to maintain social ties, especially in cases of geographical remoteness. However, unlike previous research, a recent study concluded that increased Internet use was associated with a decrease in the use of other means of communication. Gradually, electronic mail and other means of online communication replace traditional communication habits instead of adding to them.
Rules of email use
E-mails, like other forms of communication via the Internet, are subject to informal rules of use described in the netiquette.
- When e-mail addresses are linked to an ISP, the problem arises of the correspondence tracking when it leaves the supplier and does not permit the maintenance.
- The email does not guarantee the delivery of mail to your destination. A message can be lost or delayed.
- Notifications of receipt and non-receipt are provided in the standard, but few email programs do not offer, or does not honor receipt or send the receipt without informing the player. In routine cases, their use is nonetheless useful to confirm the posting of a message.
- The problem of junk mail (spam)
- In the workplace, the uncontrolled proliferation of emails due to misuse or exceeded the mail can bring organizations to ask to move to collaborative working methods.
Study: From Wikipedia, the free encyclopedia. The text is available under the Creative Commons.
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