Use of Email

Overview

Legal Notices

The Legal Notices should be read as a whole. Certain words as used in the Legal Notices and elsewhere on this website, in emails and in other materials are to have the meanings assigned here.

We draw your attention to the following points of policy in relation to communications by, or to, the firm by email. Anyone who communicates with the firm by email is taken to accept these points and any risks thereby inherent.

Confidentiality

Any email and attachment sent from the firm are intended for the named addressee only, and may contain information which is confidential and/or privileged or otherwise protected from disclosure. Unless you are the named or intended addressee (or authorised to receive for such addressee) you may not disclose, distribute, copy or use it, or disclose it to anyone else. Otherwise please notify the sender immediately; then delete the message and any attachment from your system and destroy any copies.

Viruses etc.

It is your responsibility to protect your system from viruses and other harmful codes or devices ("malicious software"). While we make efforts to keep our network and emails free from malicious software, we accept no responsibility for any damage that may be caused by malicious software which might be transferred by way of email or any attachment and, as a result, to your systems, should they be infected by malicious software introduced by an email sent from us.

Mobile Devices

The use of mobile devices by our lawyers may make the reading of the entirety of an incoming e-mail, especially a chain of e-mail correspondence, and its attachments, difficult, impractical or impossible. Accordingly, recipients of e-mail from the firm should allow for the fact that where the e-mail has been sent from a mobile device the sender may not have read and considered the entirety of an incoming e-mail and its attachments, and may not be fully aware of their contents.  Such recipients should consider seeking confirmation of any advice so given before it is relied upon.

Delivery and Follow up

We cannot accept any responsibility for the accuracy, completeness or timely delivery of email as it is transmitted over a public network either to us or from us. If you suspect that the message from us may have been intercepted or amended by a third party, please contact the sender.

Incoming emails are subject to screening for suspected spam, viruses and other undesirable content and attachments. This may result in communications to us failing to reach the intended recipient. If you are intending to send us material which may be susceptible to interception, or you are uncertain if it has reached the intended addressee, you should separately alert the person to whom you are sending it by phone, fax or post. Alternatively, if you do not have a specific name you may phone the appropriate office switchboard.

Monitoring

We may monitor email content for the purposes of ensuring compliance with law and our policies, as well as details of correspondents to supplement our relationships database.

All communications between you and us by post, courier, fax, email or telephone may at our discretion be intercepted by someone in the firm not otherwise involved in the matter for quality control, technical or compliance purposes.

Security

Whilst we take care as to the security of the internet and our system, we do not ordinarily use encryption or passwords and as the internet is not secure we make no representations. Emails are sent for and on behalf of Bird & Bird LLP or, as the case may be, one of its affiliated and associated businesses and entities so accordingly Bird & Bird LLP or, as relevant, one of its affiliated and associated businesses and entities alone, and not any partner of, consultant to, employee of, Bird & Bird or other individual as author or named in it, will incur any liabilities arising from the content of emails sent from Bird & Bird.  This is subject to any relevant mandatory provisions of law or regulation and subject to such email not being a non-business email as specified below.

Advice

When addressed to a client any advice, including any opinion, contained in an e-mail sent by the firm, or its attachments, is sent subject to, and on the basis of, any terms of engagement (engagement letter and/or terms of business) applicable between Bird & Bird LLP and/or, as the case may be, any of its affiliated and associated businesses and entities and the recipient as client.

Liability

Emails are sent for and on behalf of Bird & Bird LLP or, as the case may be, one of its affiliated and associated businesses and entities so accordingly Bird & Bird LLP or, as relevant, one of its affiliated and associated businesses and entities alone, and not any partner of, consultant to, employee of, Bird & Bird or other individual as author or named in it, will incur any liabilities arising from the content of any email, or its attachments, sent from Bird & Bird.  When addressed to clients of the firm any opinions or advice contained in any email, or its attachments, are subject to the terms and conditions set out in any engagement terms applicable between the firm and such client.  This is subject to any relevant mandatory provisions of law or regulation and subject to such email not being a non-business email as specified below.

Non-business email

We do not endorse, and are not liable for, any information, views, opinions or conclusions contained in an e-mail message sent from Bird & Bird where this is a non-business email, that is one that does not relate to our official business concerning our own affairs or in respect of the legal services for our clients, in which case the relevant partner of, consultant to or employee of ours, or other individual as author of the email, alone is responsible.  Likewise, we are not liable on any contract concluded on the basis of any such non-business email.  This is subject to any relevant mandatory provisions of law or regulation.

Service of process

The firm does not accept receipt or service by email of court proceedings, other proceedings or formal notices of any kind on behalf of clients, or on the firm’s own account, without specific prior written agreement.