For many organizations, email is the standard method for sending documents. Contracts, personal data, reports, and medical information are shared via email on a daily basis. However, simply sending a message does not automatically mean that the transmission can be considered legally secure.
From a legal and privacy law perspective, it is not just about transmitting information, but above all about implementing appropriate security measures and being able to demonstrate control over access to that information.
What does "legally compliant shipping" mean?
An email can be considered to have been sent with due care from a legal standpoint if an organization can demonstrate that appropriate technical and organizational measures have been taken to protect confidential information from unauthorized access.
This principle stems from privacy legislation such as the GDPR, which centers on the accountability principle. Organizations must be able to demonstrate that they have assessed risks and implemented appropriate security measures.
This involves not only technical aspects, but also documentation, policy, and their consistent application in practice. If this supporting documentation is lacking, the transmission may become legally vulnerable, for example in the event of a complaint or an investigation by a regulatory authority.
What does the GDPR say about sharing information?
The General Data Protection Regulation (GDPR) requires organizations to implement appropriate technical and organizational measures to protect personal data (Article 32 of the GDPR). Sending a document via email constitutes such processing. What is considered appropriate depends, among other things, on:
· The nature of the data;
· The sensitivity of the information;
· The scope and context of the processing;
· The potential risks and consequences for those involved.
For example, when sending medical records, financial information, or contract documents, a higher level of security may be warranted than for regular communication.
Organizations must therefore not only assess whether email is technically feasible, but also whether the chosen method of transmission is proportionate and risk-based, in line with the nature and risk of the processing.
When does legal risk arise in connection with email?
Legal risks arise primarily when there is insufficient control over access to transmitted information.
This can happen, for example, when:
· An email is sent to the wrong address;
· An attachment is sent without additional security measures;
· Download links remain active longer than necessary;
· It cannot be demonstrated what measures were taken to restrict access.
If personal data is lost, unintentionally altered, or accessed by unauthorized persons as a result, this may constitute a data breach.
In that case, an organization may be required to report the data breach to the Dutch Data Protection Authority, depending on the risk to the rights and freedoms of the data subjects.
The Importance of Verifiability
An important legal aspect of secure email is accountability. The GDPR requires organizations to be able to demonstrate that they have implemented appropriate technical and organizational measures to protect personal data.
This could include, for example:
· Content encryption;
· Verification of recipients;
· Shipping policies and procedures;
· Logging, to the extent appropriate given the risk and the nature of the processing.
If such measures are lacking or are not consistently implemented and applied, it may become more difficult to demonstrate that the shipment was handled with due care.
For organizations in regulated sectors, such as healthcare, additional standards (e.g., NEN 7510 and NTA 7516) may impose specific requirements regarding the design, documentation, and verifiability of security measures.
Email vs. Secure File Transfer
Standard email is primarily designed for communication and speed. However, legally compliant communication requires control over access to information and its availability.
This means that organizations must be able to determine:
· Who has access to a document;
· How long a file remains available;
· Under what conditions it can be opened.
These elements better enable organizations to implement the principle of appropriate technical and organizational measures, as required under the GDPR.
How Organizations Set Up Legally Compliant Email Systems
Organizations that send confidential documents often choose to enhance their existing email infrastructure with additional security measures. This allows employees to continue working in a familiar way, while providing greater control over the sending process.
With FileCap, you can add an extra layer of security to Outlook or Microsoft 365. Files are protected during transmission, recipients can be verified, and you can set how long a document remains available. In addition, data is stored within the EU via a European cloud provider.
This helps organizations with:
· Control over file access;
· Protection of contents during shipping;
· Logging to support traceability;
· Integration with the existing email environment.
This enables organizations to better demonstrate that information has been transmitted in a careful and controlled manner, in accordance with applicable laws, regulations, and internal guidelines.
You can read more about how this works on our product page.
Conclusion
An email can be considered to have been sent in a legally sound manner if an organization can demonstrate that appropriate technical and organizational measures have been taken to protect confidential information. This involves not only the transmission itself, but also risk assessment, access control, and the ability to provide evidence.
For organizations that handle personal data or confidential documents, it is important to look beyond standard email settings. By implementing a systematic, risk-based approach to secure data transfer, you can reduce the risk of data breaches and potential legal consequences.
With FileCap, you can add an extra layer of security to your existing email environment, ensuring that files are sent in a controlled and verifiably secure manner. This helps organizations better comply with laws, regulations, and internal policies.
Would you like to know how to set up legally compliant email within your organization?
Request a demo or try FileCap free for 30 days.
Frequently Asked Questions
When is an email considered to have been sent in a legally secure manner?
An email can be considered legally compliant if appropriate technical and organizational measures have been implemented and the organization can demonstrate that risks have been assessed and adequately managed.
Is encryption required when sending personal data?
The GDPR does not prescribe any specific technology. Encryption is considered an appropriate measure in many situations, particularly when dealing with sensitive personal data. Whether encryption is required depends on the nature of the data, the context of the processing, and the associated risks.
When can an email lead to a data breach?
An email can lead to a data breach if personal data is lost, accidentally altered, or accessed by unauthorized parties, for example due to incorrect addressing or inadequate security measures.
