Internet and email policies (Hong Kong law)
This guide is based on the law of Hong Kong. It was last
updated March 2005. A UK version is also
available.
Overview
It's common for businesses to provide internet and email
facilities to their employees. The aim is to allow faster and
improved communication between businesses. However, it can be a
double-edged sword. Email is less formal than letter or fax and,
consequently, some employees will exercise less caution and
attention to detail than they would if using the hard-copy methods
of communication. Sometimes, little or no thought is given to
confidentiality and security before clicking the "send" button.
Further, businesses may give their employees free-rein on the
internet without considering what they choose to download.
If employees have no rules or guidelines to follow, each will
form his or her own view as to what is and what is not permissible
in e-mail and internet practice. This makes it difficult for the
employer to achieve a united approach, to maintain security and to
take effective disciplinary action if necessary. It can also be
embarrassing and expensive for an employer when it is held
responsible for the actions of its employees.
It is therefore advisable for all businesses to have an internet
and email policy.
Drafting your policy
When drafting your internet and email policy, the following
general principles should be considered:
- Use of email and internet should be consistent with employee
responsibilities and should comply with all your other rules and
procedures.
- Activities which might be illegal, offensive or likely to have
negative repercussions for the business should be avoided. Consider
what best practice procedures should be put in place, particularly
internet and email etiquette do's and don'ts.
- Decide the extent to which employees can use the internet and
email for personal purposes. Set down the parameters clearly and
specify the consequences of misuse/abuse of the system, including
disciplinary action and summary dismissal.
- Depending on the nature of the firm's business, a higher level
of security (for example, encryption) might be required and tighter
restrictions on the use of e-mail as a means of sending business
information might be necessary.
- Hacking and/or unauthorised modification of computer material
is a criminal offence. See our guide on Cybercrime
Things to remember about email policies
Client / business communications
Check if the business has an existing policy concerning business
and internal communications (e.g. that any letter to a client
should be first checked by a manager). If so, the same rules should
apply to sending emails, in addition to any etiquette unique to
email. Bear in mind that email messages might be delayed,
intercepted or lost after sending. Therefore, where the information
is particularly sensitive, confidential or time critical, you
should consider whether more traditional methods of communication
are more appropriate. (You may find our Confidentiality guide
useful for these issues). In all external correspondence, the
firm's email designation notice should be attached at the beginning
of all email messages.
Court evidence
Email content is treated in the same way as verbal and written
expressions and statements, unless the parties have agreed
otherwise, and is admissible in a court of law.
Employer's vicarious liability
An employer will be held liable for any representations made or
contractual arrangements entered into by its employees if it is
reasonable for a third party to assume that such employees were
acting with the employer's authority. Liability may also extend to
illegal or unlawful activities carried out by employees which are
linked to the employer. Always ensure that employees observe the
firm's authorisation / vetting procedures and other policies on
employee conduct when they are on-line just as they would have to
when off-line. Further, set out clearly all activities which are
considered prohibited. Remember:
- Casual contractual undertakings given in a business context may
bind the company unintentionally.
- The company may be sued for inaccurate statements or
misrepresentations.
- Some statements may amount to defamation.
- Unlawful or unfair processing of personal data may cause the
firm to be in breach of its data protection obligations. See our
guide on Data Protection.
- Illegal or unlawful activities may incur criminal liability for
the firm.
Things to remember about internet policies
Capacity
An employee's electronic address at work identifies not only the
individual, but also the company. Therefore, any activity engaged
in by an employee on-line may negatively impact on the company.
(Also, see employer's vicarious liability, above.) If employees are
allowed to use the internet for personal purposes, they should
always identify themselves as acting in a personal capacity
for example, booking flights or engaging in discussions on internet
chat sites.
Infringement / crime
Most images, text and materials put up on web sites are
protected by copyright; others are protected by trade marks. The
down-loading, possession, distribution or copying of copyright
works (for example, a document, photograph, piece of music or
video) is an infringement of copyright unless the person
downloading is properly authorised to do so by the copyright owner.
Bear in mind that some of the material available on the internet is
illegal. See our guide on Branding and
Intellectual Property.
Conclusion
If you are an employer and your employees have use of e-mail
and/or the internet, you should certainly have a policy in place.
If you do not have one, you can obtain one here. If you use it,
make sure you bring it to the attention of your employees and make
sure they follow it. The best policy is not to rely on a policy
alone but to educate your employees on the correct use of email and
the internet.
Any questions? Please contact peter.bullock@out-law.com /
+852 2521 5621 or one of our other contacts.
