On 15.09.22 03:04, Brandon Long via mailop wrote:
    FWIW in Germany it's against the law to not deliver an email after you
    have accepted it. (Not sure if it made it to EU law yet…)

    Even spamfolders are a grey area unless you make sure your user is not
    only using POP3 to access the mailbox.


This is an extraordinary claim.  References?

I am not a lawyer and it's difficult to discuss laws in a different language, but according to the definitions of the Telecommunications Act, anyone who provides e-mail services to others is obliged to maintain the secrecy of telecommunications. For this reason, they may not evaluate or disclose the data and, according to newer laws, may not suppress it either after they have accepted responsibility for delivery.

There have been discussions that if a user does not know about a spam folder because he is using POP3 to access mails, the folder is not subscribed to in an IMAP environment, only INBOX emails are forwarded, etc. it can be seen as suppression by law.

I am not aware of any principle decisions, but I'd rather not - using a German saying - have one foot in jail.

What users to with their email (filters, automated deletion, etc) after you have delivered an email is their responsibility.

It's also ok to reject an email at the gates, because then you are not taking responsibility for delivery. But post-queue filters for example are also problematic in that regard, because you can't ensure a bounce is received.

As you can imageine, I do not want to discuss the usefulness of these specifications. As a German I just have to follow them - as us Germans do ;-)

--
Thomas Walter
Datenverarbeitungszentrale

FH Münster
- University of Applied Sciences -
Corrensstr. 25, Raum B 112
48149 Münster

Tel: +49 251 83 64 908
Fax: +49 251 83 64 910
www.fh-muenster.de/dvz/

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