This is a tricky question as employees often think their correspondence over company emails is “their business” and they don’t have to share them with their employers.
There are several examples that demonstrate that employee emails are typically considered the property of the business owner:
Legal precedent: In many court cases, employee emails have been treated as company property, particularly when the emails are sent or received on company-owned equipment or servers. For example, in Stengart v. Loving Care Agency, Inc., a New Jersey court ruled that an employee’s personal emails sent from a company laptop were not protected by attorney-client privilege, as the company had a policy stating that all emails sent on company equipment were subject to monitoring.
Company policies: Many companies have policies in place that explicitly state that employee emails are the property of the business owner. For example, Google’s G Suite Acceptable Use Policy states that “any content transmitted, received, stored or hosted using our Services belongs solely to the customer or end user.”
Employment agreements: In some cases, employment agreements may specify that employee emails are the property of the business owner. For example, the Microsoft Office 365 Terms of Service state that “you own your data and retain all rights, title, and interest in any data you upload to the service.”
Overall, while the specifics may vary based on the jurisdiction and the specific circumstances involved, it is generally understood that employee emails sent or received on company-owned equipment or servers are considered the property of the business owner.
