This month, a divided National Labor Relations Board held in Purple Communications, Inc. that employees have the right to use their employer-provided business email accounts for non-work purposes during non-work hours. In doing so, the Board reversed a 2007 precedent equating email with any other employer-owned property—seeing email as not much more than a real-life

This article was written by Jonathan Jones, an associate at Norton Rose Fulbright South Africa

The Basic Conditions of Employment Act (BCEA) stipulates that an employer must provide new employees with written particulars of employment.  The Electronic Communications and Transactions Act, on the other hand, recognises that data communications, such as email or