The concept of “blind copy”, we learn not to do stupid things. How to make email correspondence legal

Surprisingly, many people, when they need to send an email to several people at once, simply list the addresses in the "To" field, this is normal when this email is addressed to your colleagues or friends, but when sending letters to a group of clients, you are thus showing everyone addresses of other recipients, essentially revealing your address base.

All your clients need to do is forward this letter to your competitor and your contacts will immediately leak.

It’s strange, but many far from stupid people are surprised to learn that if you need to send a letter to many recipients so that they do not know about each other, then there is a “Bcc” field for this.

For example, for mail.ru it will look like this:

And so once again briefly:indicated addresses in "to" - everyone can see to whom you sent letters, indicated in " hidden copy"Everyone thinks that the letter is only for him.

And each recipient will receive a letter where in the “to” field there will be just his address . For other programs, if you can't find where to BCC, ask someone to show you. Another small point, you must specify one address in the “to” field; most programs or mail servers will not allow you to send a letter without this parameter.

And so, when it comes to sending out offers, news to a group of your clients - here the practice of using blind copy is clear, you must hide your address base. Interesting point When sending a letter to your colleagues, it is recommended to act according to the situation, for example, sending a letter with a request to send suggestions (for example, to improve customer service) and if each colleague sees that other people have received the same letter, then most likely he will not respond - he will rely on others, which means you need to use a hidden copy. If this order is carried out, then, for example, indicating your colleague’s boss will simply work wonders, and your order will be carried out.

A separate issue with suppliers. On the one hand, indicating all recipients in the copy should show the supplier that you have a choice and he should offer you good prices. On the other hand, the manager who received your letter, seeing that it was sent not only to him, will most likely treat your request “coolly”. Personally, in my opinion, I think that in the case of suppliers, you need to use a hidden copy, at least to protect trade secrets, but more likely for a good relationship with the supplier’s manager.

You can read a recent case of a specialist’s mistake, when all recipients saw other recipients: Smacks to everyone in this chat, there were really respectable people there - directors, but still many received spam in response.

Well, as always, discussion in the comments is welcome.

magician_roman in The concept of "blind copy", learning not to do stupid things

All your clients need to do is forward this letter to your competitor and your contacts will immediately leak.

For example, for mail.ru it will look like this:

And so once again briefly:indicated the addresses in “to” - everyone can see to whom you sent the letters, indicated in “blind carbon copy” - everyone thinks that the letter is only for him.

And so, when it comes to sending out offers, news to a group of your clients - here the practice of using blind copy is clear, you must hide your address base. An interesting point about sending a letter to your colleagues, here it is recommended to act according to the situation, for example, sending a letter with a request to send suggestions (for example, to improve customer service) and if each colleague sees that other people have received the same letter, then most likely they will not respond - will rely on others, which means you need to use a hidden copy. If this order is carried out, then, for example, indicating your colleague’s boss will simply work wonders, and your order will be carried out.

A separate issue with suppliers. On the one hand, indicating all recipients in the copy should show the supplier that you have a choice and that he should offer you good prices. On the other hand, the manager who received your letter, seeing that it was sent not only to him, will most likely treat your request “coolly”. Personally, in my opinion, I think that in the case of suppliers, you need to use a hidden copy, at least to protect trade secrets, but more likely for a good relationship with the supplier’s manager.

Well, as always, discussion in the comments is welcome.

Instructions

If you use an application installed on your operating system(For example, Microsoft Outlook or The Bat!), then run it and create a message that you want to send to multiple recipients.

List email addresses all recipients in the "To" field. Type them on one line, separated by a comma and a space. You can use a semicolon (;) instead of a comma. If all the addresses you need are in address book your email client, then instead manual entry you can use it. Depending on the program you are using, this action can be organized differently - for example, in The Bat application, click on the icon on the right side of the “To” field, and then drag all required addresses from left to right field. Another option is to check the checkboxes the required lines list, and then press the right arrow button.

You can use the Cc and Bcc fields in the same way. The main difference between placing a list of recipients in the "To" and "Cc" fields is the sorting order and ease of searching for already sent messages. If you later need to find the text of this message, it is easier to search for it by the main recipient in the “To” field, rather than by the whole list, which is better placed in the “Cc” field. The "Bcc" line differs from the "CC" line in that the list placed in it will not be visible to any recipients.

Click the send button for a prepared message with a completed list of recipients, and the application will begin sending the message.

If you are using Post service located on an Internet server (for example, Gmail.com or Mail.ru), then filling out the fields that are described in the second and third steps must be done in the browser, and their names and purposes, as a rule, coincide with those used in mail client. If your email service is free, then most likely it has a limit on the number of recipients - for example, Mail.ru should not exceed 15. Check out the corresponding restrictions of your service before sending messages.

Sources:

How to send 1000 emails e-mail

It happens that you need to send several messages at once. This is usually how jokes, announcements and other information are distributed. For this there is special services and programs. They will send your messages in a jiffy.

You will need

- computer;
- Internet;
- ePochta Mailer 4.2 program
- in addition, the ePochta Subscription Manager program

Instructions

For example, you can register on the website pistonposter.сom. This service stable. Here you have the opportunity to create your own blogs. Go to the "Projects" section. Enter your text that you plan to distribute. You can also find the Action option, under which there are several icons. Select a leaf image. The Send Message window will appear. Specify where and to whom yours will be sent, and click the “Send” button.

IN social network Vkontakte can also be sent to several at the same time messages. To do this, go to the “My Messages” section and click on the “Write a message” button. Enter the text you need and in the “Recipient” field, select those to whom you want to send your letters.

ePochta Mailer 4.25 – for sending messages. She allows mass mailings addressees. Download and install it on . You can find it on the website soft.softodrom.ru. Import the required e-mails and names of your recipients into it. Add the text to be sent. After this, click on the “Start” button. Within a few seconds, all messages will be delivered.

Today, courts often accept electronic correspondence as written evidence. However, to do this, it must have legal force. Meanwhile, clear and uniform rules and methods for determining the legitimacy of virtual correspondence have not yet been developed, which leads to a large number of problems.

Let's look at several ways to give emails legal force.

Long gone are the days when the only means of communication were letters written on paper. The development of economic relations between economic entities is no longer conceivable without the use of information technologies. This is especially true when counterparties are located in different cities or even countries.

Communication via electronic communication helps reduce material costs and also allows as soon as possible develop a common position on specific issues.

However, such progress should not be considered only in terms of positive side. Various disputes often arise between subjects of economic relations; to resolve them, they turn to the courts. The court makes a decision based on an assessment of the evidence provided by the parties.

At the same time, the relevance, admissibility, reliability of each evidence separately, as well as the sufficiency and interconnection of the evidence in their totality are analyzed. This rule enshrined both in the Arbitration Procedure Code of the Russian Federation (clause 2 of Article 71) and in the Code of Civil Procedure of the Russian Federation (clause 3 of Article 67). In the process of determining the admissibility and reliability of the evidence provided, the court often asks questions, the solution of which significantly affects the outcome of the case.

Usage electronic document management in relations between economic entities is regulated by the norms of the Civil Code of the Russian Federation. In particular, in paragraph 2 of Art. 434 indicated: agreement in writing can be concluded by exchanging documents via electronic communication, which makes it possible to reliably establish that the document comes from a party to the contract.

In accordance with paragraph 1 of Art. 71 Code of Civil Procedure of the Russian Federation and paragraph 1 of Art. 75 of the Arbitration Procedure Code of the Russian Federation, written evidence is business correspondence containing information about circumstances relevant for the consideration and resolution of the case, executed in the form digital recording and received via electronic communication.

For use electronic documents In legal proceedings, two conditions must be met. Firstly, as already indicated, they must have legal force. Secondly, the document must be readable, that is, it must contain information that is generally understandable and accessible to perception.

This requirement stems from general rules legal proceedings, which presuppose the immediacy of judges’ perception of information from sources of evidence.

Often, the court refuses to admit as evidence to the case materials electronic correspondence that does not meet the above conditions, and subsequently makes a decision that does not satisfy the legal requirements of the interested party.

Let's consider the main ways to legitimize electronic correspondence before and after the start of proceedings.

Working with a notary

If the proceedings have not yet begun, then to give electronic correspondence legal force, you need to involve a notary. In paragraph 1 of Art. 102 of the Fundamentals of Legislation on Notaries (Fundamentals) states that, at the request of interested parties, a notary provides evidence necessary in court or an administrative body if there are reasons to believe that the provision of evidence will subsequently become impossible or difficult. And in paragraph 1 of Art. 103 of the Fundamentals stipulates that in order to secure evidence, the notary inspects written and material evidence.

According to paragraph 2 of Art. 102 Fundamentally, a notary does not provide evidence in a case that, at the time interested parties contact him, is being processed by a court or administrative body. Otherwise, the courts recognize notarized electronic correspondence as unacceptable evidence (Resolution of the Ninth AAS dated March 11, 2010 No. 09AP-656/2010-GK).

It is worth recalling that, based on Part 4 of Art. 103 Fundamentals, provision of evidence without notifying one of the parties and interested parties is carried out only in urgent cases.

In order to examine the evidence, a protocol is drawn up, in which, in addition to detailed description The notary's actions must also contain information about the date and place of the inspection, the notary performing the inspection, the interested parties participating in it, and also list the circumstances discovered during the inspection. Sami emails are printed out and filed with the protocol, which is signed by the persons participating in the inspection, by a notary and sealed with his seal. By virtue of the Determination of the Supreme Arbitration Court of the Russian Federation dated April 23, 2010 No. VAS-4481/10, the notarial protocol for the inspection of an electronic mailbox is recognized as appropriate evidence.

Currently, not all notaries provide services for certification of emails, and their cost is quite high. For example: one of the notaries in Moscow charges 2 thousand rubles for one page of the descriptive part of the protocol.

A person interested in providing evidence applies to a notary with a corresponding application. It should indicate:

evidence to be secured;
the circumstances that are supported by this evidence;
the grounds for which evidence is required;
absence of a case in court proceedings at the time of contacting a notary general jurisdiction, arbitration court or administrative body.

Considering technical process transmission of emails, the places where email is detected can be the recipient's computer, the sending mail server, the recipient mail server, the computer of the person to whom the electronic correspondence is addressed.

Notaries inspect the contents email box or remotely, that is, they use remote access to a mail server (this may be the server of a provider providing electronic communications services under a contract; a mail server of a domain name registrar or a free Internet mail server), or directly from the computer of the interested party on which an e-mail program is installed (Microsoft Outlook, Netscape Messenger, etc.).

During a remote inspection, in addition to the application, the notary may need permission from the domain name registrar or Internet provider. It all depends on who exactly is supporting the work. mailboxes or electronic mail server under contract.

Certification from the provider

Resolutions of the Ninth AAS dated 04/06/2009 No. 09AP-3703/2009-AK, dated 04/27/2009 No. 09AP-5209/2009, FAS MO dated 05/13/2010 No. KG-A41/4138-10 stipulate that the courts also recognize the admissibility of electronic correspondence , if it is certified by the Internet service provider or domain name registrar who are responsible for managing mail server.

The provider or domain name registrar certifies electronic correspondence at the request of an interested party only if it manages the mail server and such right is specified in the service agreement.

However, the volume of electronic correspondence can be quite large, which in turn can complicate the process of providing paper documents. In this regard, the court sometimes allows the provision of electronic correspondence to electronic media. Thus, the Arbitration Court of the Moscow Region, making a Decision dated August 1, 2008 in case No. A41-2326/08, referred to the admissibility of electronic correspondence provided to the court on four CDs.

But when considering the case in the appellate instance, the Tenth AAC, by its Resolution dated 10/09/2008 in case No. A41-2326/08, recognized the reference to electronic correspondence as unfounded and canceled the decision of the court of first instance, indicating that the interested party did not submit any documents provided for by the concluded parties agreement.

Thus, emails relating to the subject of the dispute must be submitted to the court in writing, and all other documents can be submitted on electronic media.

Confirming the contents of letters by referring to them in subsequent paper correspondence will help prove the facts stated in virtual correspondence. The use of other written evidence is reflected in the Resolution of the Ninth AAS dated December 20, 2010 No. 09AP-27221/2010-GK. Meanwhile, the court, when considering the case and assessing the evidence provided by the parties, has the right not to consider paper correspondence with links to electronic correspondence admissible.

He only takes it into account and makes a decision based on a comprehensive analysis of all the evidence presented.

Get help from an expert

If the proceedings have already begun, then to give electronic correspondence legal force it is necessary to exercise the right to attract an expert. In paragraph 1 of Art. 82 of the Arbitration Procedure Code of the Russian Federation stipulates that in order to clarify issues arising during the consideration of a case that require special knowledge, the arbitration court appoints an examination at the request of a person participating in the case, or with the consent of the persons participating in it.

If the appointment of an examination is prescribed by law or a contract, or is required to verify an application for falsification of the evidence presented, or if an additional or repeated examination is necessary, the arbitration court may appoint an examination on its own initiative. The appointment of an examination for the purpose of verifying the evidence presented is also provided for in Art. 79 Code of Civil Procedure of the Russian Federation.

In a petition to appoint a forensic examination, it is necessary to indicate the organization and specific experts who will carry it out, as well as the range of issues for which the interested party decided to apply to the court to order an examination. In addition, information about the cost and timing of such an examination should be provided and the full amount to pay for it should be deposited with the court. The involved expert must meet the requirements established for him in Art. 13 Federal Law“On state forensic activity in the Russian Federation.”

Attachment to the case materials as evidence of an expert’s opinion on the authenticity of electronic correspondence is confirmed judicial practice(Decision of the Moscow Arbitration Court dated August 21, 2009 in case No. A40-13210/09-110-153; Resolution of the Federal Antimonopoly Service of the Moscow Region dated January 20, 2010 No. KG-A40/14271-09).

Based on the contract

In paragraph 3 of Art. 75 of the Arbitration Procedure Code of the Russian Federation notes that documents received via electronic communication are recognized as written evidence if this is specified in the agreement between the parties. Accordingly, it is necessary to indicate that the parties recognize the same as the originals legal force correspondence and documents received via fax, Internet and other electronic methods communications. In this case, the agreement must specify the email address from which electronic correspondence will be sent, and information about the authorized person authorized to conduct it.

The contract must stipulate that the designated email address is used by the parties not only for work correspondence, but also for the transfer of work results, which is confirmed by the position of the FAS MO in Resolution No. KG-A40/12090-08 dated January 12, 2009. The Decree of the Ninth AAS dated December 24, 2010 No. 09AP-31261/2010-GK emphasizes that the contract must stipulate the possibility of using e-mail for approval terms of reference and making claims regarding the quality of services provided and work performed.

In addition, the parties may provide in the agreement that notifications and messages sent by email are recognized by them, but must be additionally confirmed within a certain period by courier or by registered mail(Resolution of the Thirteenth AAS dated April 25, 2008 No. A56-42419/2007).

To summarize, we can say that today there is a practice of courts using electronic correspondence as written evidence. However, taking into account the requirements of procedural legislation regarding the admissibility and reliability of evidence, virtual correspondence is taken into account by the court only if it has legal force.

In this regard, there arises a large number of problems because unified methodology The definition of the legitimacy of electronic correspondence has not yet been formed. The right of an interested party to contact a notary in order to secure evidence is enshrined, but there is no regulatory act of the Ministry of Justice of the Russian Federation regulating the procedure for the provision of such services by notaries. As a result, there is no single approach to determining their value and forming a clear mechanism for implementing this right.

There are several ways to give electronic correspondence legal force in order to present it as evidence in court: securing electronic correspondence from a notary, certification from an Internet provider, by reference to emails in further paper correspondence, as well as confirmation of their authenticity by forensic examination.

Competent approach to timely provision electronic correspondence as written evidence will allow business entities to fully restore their violated rights when resolving disputes.

In Microsoft Outlook, you can specify that for all messages you send, an automatic Bcc (Bcc) will be sent to other distribution lists or users.

One scenario in which this rule is useful is when all group members reply to incoming email messages, such as Center technical support. When one group member replies to a message, other group members automatically receive a copy of the reply, keeping all outgoing messages up to date.

client rules

Create a rule

Now, every time you send a message, be it a new message, forward a message or reply, people or groups that are specified in the rule will be automatically added as copy recipients. The names of people or groups do not appear in the Cc line of the compose message, but those names will appear to all recipients of the message.

Disable a rule

In the Mail view, on the tab home click the button rules > Manage Rules and Alerts.

On the tab in the section Rule

Click the button OK.

Rules and Alerts.

Advice: Learn more about how to quickly disable this rule for individual messages, see next section ("").

Use a category to disable automatic CC for individual messages

If you want the flexibility to turn off automatic new copy rules based on a single message without having to navigate through the dialog box rules and alerts, you can use the categories feature in Outlook, along with a rule.

Advice:

First, you need to create a rule to automatically send blind carbon copy (CC) for all email messages you send.

This specific rule is called client rules. Client rules run only on the computer on which it is created and run only if Outlook is running. If you were to send an email using account email on another computer, the rule will not be executed from that computer so that it is created on this computer. This same rule must be created on each computer that plans to use it.

Create a rule

Now every time you send a message, be it a new message, forward a message or reply, people or distribution lists specified in the rule will be automatically added as copy recipients. The names of people or distribution lists do not appear in the Cc line of the compose message, but those names will appear to everyone who receives the message.

Disable a rule

To prevent a copy from being sent automatically, you must first disable the rule.

In Mail in the menu Service click the button Rules and Alerts.

On the tab Email Rules In chapter Rule uncheck the box corresponding to the rule you created.

Click the button OK.

Now you can send a message without automatic sending copies of it to other people or mailing lists. The rule will be inactive until it is re-enabled in the dialog box Rules and Alerts.

Advice:

Use a category to disable automatic CC for individual messages

If you want to disable the new automatic Send CC rule for individual messages without calling the dialog box Rules and Alerts, you can set the rule to a category available in Office Outlook 2007.

Change the rule you created earlier so that when you add specified category The rule did not automatically send a copy to the message.

Whenever you want to disable the auto-cc rule for a message, apply a category to it.

Advice: You can use a keyboard shortcut if you specified it when creating the category.

When you send a message, the auto-copy rule will not apply.