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Almost all businesses use emails to communicate with clients, customers and third parties. Therefore, it is essential to include an email disclaimer (or email footer) in outgoing emails to protect the sender. For example, email disclaimers or footers can specify how recipients can use information. Email disclaimers or footers are also a valuable way to reference the confidentiality of an email and limit the risks associated with transmitting potential viruses. This article will explore six key benefits of using an email disclaimer or footer in email communications.
What is an Email Disclaimer?
An email disclaimer (or footer) is a sentence or paragraph that seeks to legally protect the sender in various circumstances. The disclaimer often appears at the bottom of each email.
A vital purpose of an email disclaimer or footer is to limit the liability of the sender in certain circumstances. There is no ‘one size fits all’ method for email disclaimers or footers. What the disclaimer seeks to protect should be tailored to the relevant business and its activities.
Email disclaimers or footers and their wording will differ depending on the purpose of the sender. Generally, most email disclaimers (or email footers) aim to:
- comply with mandatory trading disclosure requirements;
- exclude liability for harm caused by computer viruses or malicious code;
- request the recipient not to forward confidential information within the email to another party without the sender’s prior consent; or
- request that any unintentional recipient immediately delete the email.
Let us explore six of the main reasons for using an email disclaimer (or footer).
1. Complying With Mandatory Trading Disclosure Laws
A company or limited liability partnership must include certain mandatory information in its business emails, such as its:
- registered name;
- number; and
- address.
Some businesses will also be subject to other regulatory requirements that require information to be disclosed in their emails. You can set out the information you must legally display in your email disclaimers in order to comply with these legal rules.
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2. Setting Rules for Recipients
An email disclaimer can specify what the recipient can and cannot do with the email. For example, the disclaimer may state that any unintended recipient should immediately delete the email. This can be particularly helpful if you have sent the email to the wrong person.
3. Confirming Confidential Information
Emails may contain confidential information. Rather than specify this within each email, you can issue a generic disclaimer around confidentiality.
For example, the disclaimer may state that the recipient cannot use the email contents for any other purpose than that for which you have sent it.
Similarly, the disclaimer can prohibit recipients from copying or disclosing the email to other parties unless authorised by you.
4. Detailing Virus Risk
Unfortunately, you can transmit computer viruses through emails or email attachments. Therefore, emails are not 100% secure, and reminding recipients of this within the disclaimer can be helpful.
Businesses often incorporate disclaimers in their emails to exclude liability for damage caused as a result of a computer virus. The aim is to prevent a recipient from successfully bringing a claim against the sender for loss or damage caused by a virus-infected email.
For instance, your business may include a disclaimer stating:
- it is impossible to entirely avoid the risk of any email unknowingly containing a computer virus or malware; and
- while your business makes every effort to avoid transmission of any malicious computer virus, it does not accept liability for damage caused by any virus or corrupted data.
5. Including a Marketing ‘Opt-Out’
You can use email footers to comply with direct marketing law rules. Frequently used marketing emails include emails about business promotions and newsletters. Unless very limited exceptions apply, businesses usually need to get consent from various customers before they can send them direct marketing emails.
Where consumers, sole traders or non-limited partnerships have given consent to receive marketing communications, they are entitled to ‘opt-out’ and unsubscribe from receiving marketing emails.
A fundamental way in which businesses can provide an ‘opt-out’ right is by including a clear ‘unsubscribe’ link in their email footer. This will also demonstrate good practice in terms of compliance with direct marketing laws.
6. Disclaiming the Content’s Reliability
Some businesses might provide general information which is free of charge. For example, a business may provide guidance on health-related issues. The business may worry about assuming liability for the statements made in their emails. In order to mitigate against this risk, a business may include email disclaimers to limit the expectations of email recipients.
Key Takeaways
Email disclaimers or footers can be a valuable tool for a business to establish rules for outgoing emails and limit their liability in certain circumstances. While they may not be legally binding on all recipients, they may give your business comfort that you have taken steps to protect the content of your emails. Email footers can also help you comply with legal requirements, such as displaying mandatory trading information if you are a limited company.
If you need help with the use of email disclaimers and email footers within email messages, our experienced data, privacy and IT lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
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