On 3/26/2015 11:23 AM, Robert Schetterer wrote:
Am 26.03.2015 um 16:03 schrieb Kevin A. McGrail:
On 3/26/2015 9:54 AM, Robert Schetterer wrote:
so again , there are exceptions, but in general you are not allowed
to silent discard mail in germany.
Unless there are MASSIVE translation issues, the answer is exactly what
DFS proposed: consent from the users of the system.
From http://www.heise.de/ct/artikel/Strafbares-Filtern-289128.html
Solution to the dilemma
A solution to this problem is the consent of the recipient to delete the
e-mails that must be present in advance. In this case, the application
of the above paragraphs is excluded, legally it is called a "factual
negative consent".
Is that translation accurate?
As i wrote you "may" be contracted and allowed
to filter and discard mail by/for a customer.
But you better should have a good legal office in case of trouble
Most people here avoid such potentially struggle, cause they are not
very hardly needed. The common way is not to do silent discard mail.
So I am assuming that means the translation is accurate. I think that's
a key point that we are saying, we do this to protect our users and with
their full consent. Should a firewall let attacks through if it's a
DDoS on your email servers because there could be legitimate mail? What
right and responsibility do you have to protect your users and network?
Overall, from what I've seen, the legal woes have the proper exemptions
that if you have a good legal adviser, a good technical team and you are
willing to fight conformity, there is an opportunity to improve on the
competition!
Regards,
KAM
