Disclaimer: does it Influence your business protection?
When you open an email message from someone you may notice that there is sometimes a warning at the end. It can be something generic like:
“Think Before Printing”
Or a phrase of a great thinker:
“For those who have faith, life never has an end” .
But in certain messages, especially from companies, the text changes, to long written ones with an exemption from liability. I, and perhaps you, most of the time ignore them unconsciously.
The fact is, according to some law, can not open a mail correspondence that is not addressed to you without authorization. Similarly, you should not read an email, if the message does not have you as a destination, and can produce an opposite result than expected. Dealing with the issue of disclaimers today, does your business really need them?
Legal notice use cases in emails
The main reason most companies use legal notice in email is because they have seen others doing it somewhere. It probably started with a company that wanted to stand out (marketing), so in the long run it became a role model for other companies, picking on the suggestion, and doing that too. For those who have been using the internet since the early days, they certainly know that the trend has been around for some time.
Even with the advancement of technology and legal knowledge, new and old companies do not appear to diminish the use of these exemptions. While many would argue that they are using exemptions to protect themselves in legal battles, let’s look at some of the ways in which a legal disclaimer can actually be useful.
1. Protection of confidentiality
Sometimes confidential information can be sent by email, and anyone can have access to those emails at the other end. In other cases, these mails may have been sent to the wrong address. With a disclaimer, this organization can protect the information from being leaked when viewed by another individual than the intended recipient.
2. Company responsibility
An employer is extremely responsible for the actions of its employees. If the organization states in the notice that it has given clear instructions to employees not to send harmful content via the email platform, the organization would be further distanced from the actions of the sender if a problem arises. In this way, they are better protected against litigation.
3. Wrong statements
Let’s say, for example, that an organization sends an e-mail that gives advice about the stock market, and such information ends up causing people to lose money, the organization is certainly at risk for prosecution. That is, if they do not have a legal notice in place.
In the event a disclaimer is present, they could get rid of the web of law if such legal notice had expressly stated something that made the reader responsible for the actions they took based on that information.
Does your company really need a legal notice?
With the number of points mentioned above, you may have started thinking “Yes! A legal notice in the email is exactly what I need to protect my business. “I have three words for you:” You’re wrong. ”
To enter into a legally binding agreement, you must state the terms and conditions, then obtain the consent of all parties. What a legal notice by email does is try to force the delivery of an agreement open by the throat of the reader. It is true that you may have done a superficial thing by trying to keep your business safe, but you never made the reader agree with it.
On the other hand, while e-mail waivers may protect you, they are just for the extension of your precise wording of such exemptions. I would like you to know that in the US – the place where most litigation occurs – there has never been a case that has been influenced because an e-mail notice was present. Going in more developed societies such as Europe, the European Commission supports that all contractual agreements that do not give way to free consumer negotiation is not worth much. In the end, everything he wrote had no force in front of the courts.
Maybe it would be best for your business if you remove those long boring phrases in your email signature. Although not less protected by law, you would also keep your customers happier.
Legal Advice, Legal Advice, Disclaimer, can be found in many ways. Particularly, specific businesses like banks, multinationals, law firms and large corporations tend to use more disclaimers.
Trying not to be ironic, here is my disclaimer:
I am not a lawyer and the following information above should not be taken as legal advice. I simply organized and researched information from various sources on the internet.
To the next