Now that we know that email disclaimers provide value, let\u2019s talk about exactly what they are.<\/p>\n\n\n\n
An e-mail disclaimer is a post-script block of text at the bottom of any outgoing email meant to limit liability. The disclaimer typically includes a company\u2019s name, address, and legal registration, along with a confidentiality notice.<\/p>\n\n\n\n
Let\u2019s take a look at two examples:<\/p>\n\n\n\n
“The information contained in this email and any included attachments are strictly confidential and intended for the specified recipient only. If you received this email in error, please notify the sender promptly and do not disclose of, save or make copies of this email, including the attachments.<\/em>“<\/span><\/p>\n\n\n\n “As a healthcare entity, our messages are encrypted to maintain confidentiality according to the HIPAA requirements. Since email communications are not encrypted, it is our duty and policy not to share confidential information via this channel. For more information visit our terms of service page. If this message has reached you by mistake, please notify the sender right away.<\/em>“<\/span><\/p>\n\n\n\n See also:<\/strong> 8 Effective examples of email signature disclaimers<\/a>.<\/p>\n\n\n\n Typically, disclaimers are used in conjunction with email signatures<\/a>. Here we have two examples.<\/p>\n\n\n\n Several businesses benefit from the use of email disclaimers, but they are not necessary – or even helpful – in some cases. The use of an email disclaimer is most likely not necessary when communicating in an objective way about items and\/or services that you provide.<\/p>\n\n\n\n For example, if in response to an inquiry about your services, you send over a list of services with pricing and an explanation of each service, an email disclaimer is unnecessary. This is information that could likely be sourced online and is therefore not confidential.<\/p>\n\n\n\n Further, when communicating with a customer or client to coordinate meetings, appointments, and events, an email disclaimer is most likely unnecessary. While there are instances where a disclaimer is not helpful, it\u2019s wise to review an email before sending to make sure. When in doubt, don\u2019t leave it out.<\/p>\n\n\n\n Certain business sectors have legal regulations in place that require the use of email disclaimers.<\/p>\n\n\n\n The CAN-SPAM Act<\/a> regulates the need for disclaimers when sending marketing emails to customers and clients. The act outlines what a marketing e-mail should and should not include and requires the use of language that provides the recipient the opportunity to opt-out of receiving future emails. This act also makes clear that even if you hire another company to handle your email marketing, you can\u2019t contract away your legal responsibility to comply with the law.<\/p>\n\n\n\n The email communication of health care providers is governed by The Code of Federal Regulations and HIPAA<\/a>. Health care providers are able to communicate through email so long as they apply reasonable safeguards when doing so.<\/p>\n\n\n\n While not required by law, email disclaimers should be used within the legal industry in an effort to protect confidentiality, assert attorney-client privilege, and to negate the creation of a binding contract. Email disclaimers should also be used when emailing regarding trade secrets or asserting a copyright in the contents of an email. The use of such disclaimers is not a guaranteed protection but does provide a written record of the company\u2019s efforts to protect information included in its outgoing emails.<\/p>\n\n\n\n Each business should evaluate their need for an email disclaimer by reviewing the content of emails being sent and whether they need to protect and keep the information confidential.<\/p>\n\n\n\n Based on that evaluation, an email disclaimer should be crafted that pertains directly to the type of information your business sends. This may require that more than one disclaimer is created, and a determination made as to which disclaimer best protects the contents of each email.<\/p>\n\n\n\n If you determine that your business should be using disclaimers for certain outgoing information, craft disclaimers that are clear and easy to understand. Avoiding legalese helps the recipient to quickly read the disclaimer, understand its purpose, and follow up if necessary.<\/p>\n\n\n\n Here is an example of a straightforward, non-legalese disclaimer pertaining to confidentiality that is easy to understand:<\/p>\n\n\n\n “The contents of this email communication and any attachments are confidential. If you are not the intended recipient and have received this email in error, do not use or rely upon the information included. Instead, please inform the sender of the error and delete the email received. Thank you.”<\/span><\/em><\/p>\n\n\n\n Conduct training with your employees regarding the proper use of and need for email disclaimers and provide them with company-created templates<\/a>. Remind employees to use discretion when sending emails and to double-check the email address of recipients before pressing send.<\/p>\n\n\n\n Employees should also be trained on how to handle a misdirected email and on what the company policy is for ensuring the unintended recipient deletes the information received.<\/p>\n\n\n\n![\"\"](\"https:\/\/www.bybrand.io\/blog\/wp-content\/uploads\/2021\/12\/template-LawFirm-disclaimer2.png\")
![\"\"](\"https:\/\/www.bybrand.io\/blog\/wp-content\/uploads\/2021\/12\/template-1016-HIPAA.png\")
When are disclaimers unnecessary?<\/span><\/h2>\n\n\n\n
When are disclaimers necessary or highly advised?<\/span><\/h2>\n\n\n\n
How should your company implement proper email disclosure policies?<\/span><\/h2>\n\n\n\n
Employees training<\/span><\/h3>\n\n\n\n
Creation and deployment of email signature disclaimers<\/span><\/h2>\n\n\n\n