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Facebook Inc. issued a disclaimer for the first time to a post that the Singapore government said was false, complying with an order under the country’s recently-enacted “fake news” law … Disclaimer: The text of the EU-Singapore investment protection agreement presented in this webpage is the text at the end of the negotiation conducted by the European Commission and … Can electronic communication form legally-binding and enforceable contracts in Singapore? Access to the Website In so far as the website "www.bankofsingapore.com" can be accessed from anywhere in the world, it is your responsibility to comply with the laws and regulations of the country in which you are resident and/or using the Service and you will bear any direct or indirect consequences resulting from non-compliance with such legal and regulatory requirements. This means you shouldn’t write or post anything referring to another person or company which would cause others to think less of them, or cause them to be shunned or avoided, or expose them to hatred, contempt, or ridicule. All advertisements shall not subvert the shared values in Singapore’s society, such as racial and religious harmony. Email Disclaimers are desirable to prevent defamation, unintended contract formation and misdirected emails. This would cause society to think less of them as a company, harming their business reputation. However, you have to be careful about how you get subscribers to send your email newsletters to. Is Web Scraping or Crawling Legal in Singapore? Avoid writing anything which could be thought of as defamatory unless: If you have defamed someone, you may be sued for monetary damages or ordered to stop by the court. Share Transmission: What Happens If a Shareholder Dies in Singapore? If you received this message by mistake, please reply to this m… Sending Email Newsletters That Comply With Singapore Law, A legal guide to drafting a social media policy for your company, Your Guide to an Influencer Marketing Agreement in Singapore, Outdoor Advertising: How to Legally Display Public Ads in Singapore, Starting a Franchise in Singapore: What Franchisors Should Look Out For, Running a Franchise in Singapore: What To Look Out for as a Franchisee, What is Judicial Management and How It Works in Singapore, Schemes of Arrangement: How They Work and How to Apply, Informal Debt Restructuring and Workout in Singapore, Voluntary Suspension of Business in Singapore: How to Handle, Winding Up a Singapore Company: Grounds and Procedure, Closing Your Singapore Business: What You Need to Settle. Some of these principles are: There are also specific practices which the Consumer Protection (Fair Trading) Act (CPFTA) prohibits. The content of this email is confidential and intended for the recipient specified in message only. © 2014-2017 First World Problems Pte Ltd. All rights reserved. You will therefore have to verify that the leads you are buying did agree to their personal data being disclosed to you for you to use in your email marketing before you start sending them email newsletters. If you do not comply with the PDPA, you or your business could be fined up to $10,000. You may also be sued. There are certain laws when it comes to email marketing. Shadow Directors: Who are They and What Duties Do They Owe to the Company? However, an email alone was found insufficient to grant a motion to dismiss where the email disclaimer stated “[t]his is a confidential draft and is not for use by any party for any reason.” Blackwater Techs., Inc. v. Synesi Group , 2008 U.S. Dist. Ltd. (trading as Go-Ahead Singapore)) are confidential in nature and are sent solely to the intended recipient. As a general rule, buying email addresses (also known as leads) will not help your business in the long run. How to Hold Extraordinary General Meetings (EGMs) in Singapore, Guide to Paid-Up Capital in Singapore (Is $1 Enough? You can read more about how to legally use images that belong to others here. That means you must stop sending them your email newsletters and remove their personal data from your database and any documents which contain their data. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. There is, however, no distinction between a barrister-at-law and a solicitor for purposes of pleading before the courts. If you collect personal data or have or control over any personal data, you must provide reasonable security to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks. The legal force and standing of such warnings is not well-established. Ltd. is registered in Singapore with registration number 201541900C and registered office located at 2 Loyang Way S508776. If your statements affect a person or company’s official, professional, or business reputation, the defamed person or company doesn’t have to actually suffer any loss to claim against you. There are certain legal issues you should be aware of when sending email newsletters and keeping an email subscriber list. The PDPA requires you to provide subscribers an option to withdraw their consent to your collection, use or disclosure of their personal data. These lawyers are selected based on their number of positive reviews and years of experience in this subject you are enquiring about. Trading Accounts Overview Open Live Account Open Demo Account Your Capital is at Risk. For example, the US CAN-SPAM Act (or the Controlling the Assault of Non-Solicited Pornography and Marketing Act) requires all marketing emails to include a physical mailing address. The PDPA disallows the use or disclosure of personal data for purposes other than what individuals have consented to. This often inscrutable mass of text is called an email disclaimer, and they range from being as short as a single sentence to pushing nearly 1,000 words. If you are found to have offended the Spam Control Act, you could be ordered to pay $25 for each unsolicited email, up to a total of $1 million. Email Share About Drew & Napier Altogether World-Class Drew & Napier has provided exceptional legal advice and representation to discerning clients since 1889. All advertisements should conform to the principles of fair competition generally accepted in business, including non-denigration, non-exploitation of goodwill, and. For example, you shouldn’t falsely state that another company stole your ideas. 1,000 emails with the same or similar content during a 30-day period. Learn how to write one with these legally binding email disclaimer examples. These electronic Contracts and agreements will typically be viewed as compelling as long as all the involved parties have shown consent. Although we try our best to ensure the accuracy of the information on this website, you rely on it at your own risk. Here's all you need to know about email marketing laws. For example, your subscriber list should not be available online to anyone who has the correct link to the list. This framework went into effect on 1 April 2013. On 25th May 2018, the GDPR came into effect which meant that all EU based businesses had to comply with new data regulations which determine how they process and keep customer information. If you are not the intended recipient of this email, please do not use or publish its contents – you should delete it immediately and notify the author of that email. However, if you are sending your email newsletters in bulk to recipients who did not request to receive or consent to receiving your emails, or if you are a member of the Direct Marketing Association of Singapore (DMAS), you need to comply with the requirements under the Spam Control Act’s Second Schedule. If you have dreams of an international business, you need to know that different countries’ laws on personal data protection, spam control, copyright, defamation, and all other related areas may differ from Singapore’s requirements. The contents of any e-mail (and any attachments to that email) originating from The Go-Ahead Group plc and / or any of its subsidiaries (collectively, "The Go-Ahead Group” and shall include Go Ahead Singapore Pte. Your policies and practices must be made available on request. Under the Spam Control Act, you are considered to be sending emails in bulk if you send more than: 100 emails with the same or similar content in a … Use our template below to create an email disclaimer for your business, or download our sample business email disclaimer (DOC, 22K). Use of this site constitutes acceptance of our Terms of Service and Privacy Policy. Get their consent for such use or disclosure. For example, getting their consent to use or disclose their personal data however you want is probably not reasonable. An appropriate disclaimer should also convey an impression of a business’s values and priorities, and confirm to employees what they may or may not use email for. You may also be fined or jailed up to 2 years, or both, for the criminal offence of defamation under section 499 of the Penal Code. Email Disclaimer This email, its content and any files attached to or transmitted with it are intended solely for the addressee(s) and may be subject to legal privilege and/or confidential. The Singapore Code of Advertising Practice, which applies to mailing lists, provides principles to follow when writing your email newsletters. Company Loans to Directors/Shareholders in Singapore, 3 Types of Insurance Every Singapore Business Needs, Creating and Registering Charges in Singapore: Guide for Companies, Guide to Effective Business Continuity Planning in Singapore. If you’re a business owner of any kind, email is a communication channel you should definitely consider taking advantage of. Can a Company that Struck Itself Off the Register Later Apply to Restore Itself? If you misrepresent your products or services in your email newsletters and cause your customers to suffer a loss because they relied on your misrepresentations, they may claim against you for monetary damages. More subscribers on your subscriber list means more people are seeing your brand or reading about how they’ll benefit from your products or services. The Registered Office is: 3rd Floor, 41-51 Grey Street, Newcastle-upon-Tyne NE1 6EE  Go Ahead Singapore Pte. Check out some of the most popular email disclaimer examples that you can use in your email signature. Inform them of why their data is being collected; Inform them of how their data would be used or disclosed; and. LEXIS 2744, 4, 15 (D. Minn. Jan. 14, 2008). electronic communication as opposed to the conventional pen and paper form, is not conclusive of its validity. A good data protection lawyer can help you identify risks and pitfalls so you can focus on growing your business. The answer is yes – the mere usage of electronic communication in the formation of a contract does not deny the contract of its validity. Dealing with Defamation of Your Business: Can You Sue? We’ll call them “works” for convenience. Breach of confidentiality This email and any files transmitted with it are confidential and intended solely for the … When writing your newsletter, you should be careful to not defame any person or company. Knowing the legalities can save your business time and money. The full email disclaimer can be found Eastern Law LLP: Notary Public and Commissioners for Oaths. The Copyright Act, the Defamation Act, and other laws may also govern your email newsletters and subscriber list. The information provided does not constitute legal advice. A common way rights might be granted online are through Creative Commons Licenses. When you have been notified that a subscriber wishes to withdraw his or her consent, you must inform the subscriber of the likely consequences of doing so. As a general rule, using a work without the copyright owner’s permission would be illegal. Email newsletters or marketing emails are convenient and cost-effective ways of connecting with customers old and new. Singapore’s Spam Control Act does not have this requirement, although DMAS members are required by the DMAS Code of Practice to do so. Some, like representing goods as new or unused or if they are not, are common sense. No advertisement should bring advertising into disrepute or reduce confidence in it as a service to industry and to the public. When you do make copies for yourself or others, the content of the published material and the copyright notices must remain intact, your communication of the content must not be misleading or inaccurate and a copy of this notice must accompany any copies of the materials which you provide to others. Ryan Calo, at the Center for Internet and Society at Stanford Law School, says : “In most circumstances, they would not be legally binding. a disclaimer acts as a deterrent to sue in relation to the content of the email. 2100855. If you want to be safe, you should use either free-to-use images or purchase stock images to use in your email newsletters. Remember that, by UK law, private or public limited companies must also include in any email correspondence their: The court can also order you to stop using the copyrighted work or destroy all copies of the work that you have. Emails (and their attachments) are not secure and may contain viruses and no member of The Go-Ahead Group shall be liable for any losses as a result of virus transmission. Thank you for your understanding. Over 30 years of experience in the legal field. The Go-Ahead Group plc is registered in England No. How to Remove a Director from a Company in Singapore, Removal and Resignation of Company Auditor in Singapore, Appointing a Company Secretary: Roles and Responsibilities, Appointing an Authorised Representative for Foreign Companies in Singapore. Disclaimer Herbert Smith Freehills LLP is licensed to operate as a foreign law practice in Singapore. Others are more specific, like offering certain items as free gifts or prizes in exchange for goods or services purchased if you know those items will not be given as offered. All advertisements shall not subvert Singapore’s family values, such as mutual respect. Appointing Company Directors in Singapore: Eligibility, Process etc. 1. You could also be imprisoned for up to 3 years. Ever since Ray Tomlinson invented email back in … Singapore Singapore Saxo Markets Most of our staff in Singapore are working from home to help limit the spread of the coronavirus. Once you’ve finalised the content of your email newsletters, it’s about time to send your email newsletters out. Once a subscriber withdraws their consent, you can no longer collect, use, or disclose their personal data. The PDPA applies equally to the collection of personal data, so before you collect others’ email addresses and send them email newsletters, you must: You can assume that subscribers have consented if they had voluntarily given their personal data to you. Google Images and YouTube have great images and videos you may want to include in your newsletters. Business Asset Sale & Disposal in Singapore: How Do They Work? How Can Companies Dispose of Documents Containing Personal Data? A checklist you could consult for a quick overview of the Spam Control Act’s Second Schedule requirements is available here. Disclaimer Herbert Smith Freehills LLP is licensed to operate as a foreign law practice in Singapore. 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