This browser is not actively supported anymore. For the best passle experience, we strongly recommend you upgrade your browser.
viewpoints
Welcome to Reed Smith's viewpoints — timely commentary from our lawyers on topics relevant to your business and wider industry. Browse to see the latest news and subscribe to receive updates on topics that matter to you, directly to your mailbox.
| 1 minute read

German court: Warning letters sent via email attachment only received if opened

In a decision dated 9 March 2022 (docket no. 4 W 119/20), the Hamm Appellate Court (OLG Hamm) opined that a warning letter that is merely sent as a file attachment to an e-mail is generally only received if and when the e-mail recipient has actually opened the file attachment. 

The court stated that in view of the fact that there is a general warning against opening attachments from e-mails from unknown senders due to the risk of viruses, the recipient cannot be required to open the file attachment in such a case. According to the court it was therefore irrelevant whether the e-mails in question were received at all in the regular e-mail inbox or the spam folder of the defendant. By submitting a respective affidavit, the defendant has in any case made it credible that he did not become aware of the two e-mails from the plaintiff's attorney - who was unknown to him - and accordingly did not open the file attachment with the warning letter.

In consequence, it is advisable to include the contents of warning letters directly in an email and not only in email attachments.

OLG Hamm decision (only available in German)

In view of the fact that there is a general warning against opening attachments from e-mails from unknown senders due to the risk of viruses, the recipient cannot be required to open the file attachment in such a case.

Tags

warning letter, email, email attachment, email security, german case law

Latest Insights

post featured image
post featured image