|
Your
e-mail archive and your sent folder only tell half
the story…what you sent, NOT what was received. You
have NO proof of either the DELIVERY or CONTENT of
your email or attachments!
While
e-mail users are becoming more aware of the
electronic record they have created, it is important
to consider these electronic records can serve as a
critically important defense for business
transactions, if properly managed.
In the
case of a dispute over content, timing, sending or
receiving of an e-mail, the archiving of that e-mail
in electronic or printed form provides very little
protection after the fact. With two clicks of
the mouse, one could change anything in standard
e-mail and represent it to be the original e-mail.
Therefore, it is important to consider that the
recipient of an important e-mail transaction could
alter the original e-mail and then subsequently
challenge the sender’s archived copy as being
fraudulent. Also, the fact that something appears
in a “sent” folder does not mean that it was ever
sent – one can drag anything into that folder.
It
really is that easy to alter an e-mail record
Registered E-mail® messages hold far greater
evidential weight than traditional mail, courier,
fax, or e-mail, and therefore, should provide
the sender with protection that will stand up to
scrutiny in a dispute resolution situation.
Registered E-mail® would provide the sender the upper
hand in any legal discovery disputes.
From the
perspective of a mediator, arbitrator, or judicial
officer, one looks first at the evidentiary value of
what is submitted in gauging its trustworthiness.
Evidential weight is about reducing uncertainty
surrounding the evidence. The party with the
greater evidential weight will win in most cases, or
at least mitigate its liability.
Just
when you need your e-mail record to stand up to
scrutiny, your opposition could simply claim that:
“they did not receive your e-mail”-- (the critical
e-mail you represented as sent and received) or
“that is not what your e-mail said” when they
received it. Or worse, someone could
deliberately manipulate your e-mail, print it out,
and represent it as the truth. With standard e-mail
records and archives, you are exposed to such
challenges without the necessary defense.
Registered E-mail® services allow the sender to prove
that they have complied with the bylaw,
contractual, or regulated notification provision.
While using USPS first class mail, the presumption
of “delivery” is evidenced where you have a record
of sending; however, under the Uniform Electronic
Transaction Act, e-mail "delivery" is evidenced when
the recipient's agent, their mail server, has
accepted the entire data transmission. Therefore,
under electronic statutes, the burden is on the
sender to prove "receipt" of the e-mail, which is
one of the key features of the RPost system.
Further,
provisions of electronic law and recent court
decisions underscore the fact that e-business
systems require proper transaction documentation.
Often there is a requirement for a reliable
recordkeeping management system that can record,
retrieve and authenticate electronic messages
involving important business communications and
transactions (both content of e-mail and
attachments, and official time sent and received).
The RPost Registered Receipt e-mail is a simple,
elegant solution to record retention and proof of
notice compliance requirements.
Registered E-mail® enhances a company’s capability to
classify, store, and manage the enormous volume of
electronic communications.
From a
sender’s perspective or an organizational
perspective, if an electronic message was deemed
important enough to have been sent via “Registered
E-mail” then someone, through automated policies or
ad-hoc, has classified that e-mail as important
enough to then be recorded and archived. Therefore,
a first level of classification would be
“Registered” = important and archive with distinct
policies. Note: In addition to the benefits of
the Registered Receipt e-mail, the Registered
E-mail® service also has the inherent capability of
classifying messages with client or customer codes
or other significant identifiers.
The
Registered E-mail® service seamlessly plugs into
virtually any e-mail archive or compliance solution.
As a rule of thumb, if your system manages e-mail
records, you can easily add Registered E-mail® services to it. |