In message
<[log in to unmask]>,
at 09:30:05 on Wed, 23 Aug 2006, "Tinsley, Chris"
<[log in to unmask]> writes
>I have just received an email which instead of having a disclaimer on
>the bottom has a link to the company's website where the disclaimer
>exists. Apart from this being inconvenient if I wish to read the
>disclaimer, what prevents them from changing it after I have received
>the email giving it a different set of values. Can anybody see any
>advantages or disadvantages in providing disclaimers in this manner?
If they were ever to accuse you of acting in breach of the disclaimer,
it would be more difficult for them to prove what the actual words of
the disclaimer were at the point you received the original email (it
would not be safe to assume it had never changed). Not impossible, but
an extra evidencing step, involving a discussion of the audit trail they
keep for the relevant parts of their website.
>What is their legal validity?
There's a risk that a court would declare the disclaimer invalid as it
was "hidden" - but IANAL.
--
Roland Perry
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|