Checked your emails lately?

MOST business bosses are ignorant of basic legal requirements surrounding computers.

The British Computer Society says in many workplaces management is exposing companies to prosecution because managers are unaware of emerging legal requirements governing computer usage.

One of the main worries isolated by the Swindon-based society is the use of email disclaimers, believing they are enough to stop people copying or sending on emails received in error.

And it also points out that a company's information including registered office and company number must be shown by law under the Companies Act.

A new book, The Manager's Guide to IT Law, corrects the misconceptions.

Co-author Jeremy Holt said: "Businesses sometimes believe all their ills can be cured by a well-drafted disclaimer at the foot of an email. This is not so.

"Email disclaimers are of little value, other than to notify the recipient that the contents of an email are confidential and to offer a method of reporting the misdirection. Disclaimers are no substitute for the legal information that must be shown in an email, which is the same as must be shown in a business letter."

Mr Holt, of Clark Holt commercial solicitors in Prospect Place, Old Town, said that the importance of company information should not be understated.

He said it became vital when transactions are carried out on email, so that for example the company taking the order knows that it is supplying another company, rather than an individual. It is also necessary to make clear that the individual is not liable to have to pay out of his or her pocket if the company defaults on payment.

Mr Holt suggests having two different templates one for personal use emails and one for business use.

One of the other main dangers is being sued for defamation where an employee has made false claims about a competitor, and "published" the claims by sending an email.

Mr Holt said: "We are concerned that employers are simply not aware of the legal implications of not using IT correctly. This includes its implications for the businesses they run so they can protect themselves from potential prosecution and safeguard the welfare of their employees."

A look at some Swindon emails

The Evening Advertiser looked at three companies with Swindon offices at random.

Motorola and Nationwide do not include the information in their emails while Heath Lambert do.

Motorola spokesman Patrick Hamilton said: "The Companies Act 1998 does specify that all documentation should have the registered address and number but the act does not specify email. We understand that there is no legal requirement to include those details on email."

Heath Lambert spokesman Reuben Aitchison said: "This is a serious matter for us. We have a formal policy that all our staff must adhere to."

A Nationwide spokeswoman said: "Thank you for drawing this to our attention. We will be carrying out an audit of the company to make sure we comply with all aspects of the act. We are not a limited company so we do not have to adhere to the act, and we do not have a company number, but we will be including our registered address."

Five top tips

Create an official email and internet policy for all staff and make them sign it. This will justify disciplinary action if the policy is breached.

Make sure you are up-to-date with health and safety rules surrounding computers, for example ensuring wheelchair access is available and work stations set up correctly.

Offer computer staff free regular eye tests, and cover the costs for basic spectacle or contact lenses if necessary

Make sure all footers to emails include mandatory company information including name, registered number and registered office address

If the organisation monitors staff emails, inform them and let them know why this happens. Train managers in when they can and cant read employees emails.