You’ve probably already seen an email disclaimer: it’s the disclaimer you often find at the bottom of emails – usually work emails – that tells you that the information is confidential and cannot be shared.
But why do you need an email disclaimer? Is it required by law?
In this guide, we’ll explain everything you need to know about confidentiality email disclaimers and show you some practical examples.
An email disclaimer is a statement included at the bottom of an email that explains how recipients should use the content of the email. For example, it can clarify the sender’s intent, provide information on the confidentiality of the content, or include legal notices.
Like every disclaimer, an email disclaimer aims to limit your liability and prevent potential problems. It can read something like this:
The information contained in this email is confidential and intended solely for the use of the named recipient(s). If you are not the intended recipient, any unauthorized access, use, copying, alteration, distribution, or any similar activity based on the content of this email may violate applicable laws, including the General Data Protection Regulation (GDPR 2016/679). If you have received this email in error, please notify the sender immediately and delete the original message and any attachments. Please note that due to the nature of electronic communication, the sender cannot guarantee the security or confidentiality of the information contained in this email. No liability is accepted for any breach of confidentiality or damages resulting from unauthorized access.
As you can see, the sender forbids the illegal distribution of the email while revoking any potential liability from unauthorized access.
The legal validity of email disclaimer statements is often debated. Many people think this type of disclaimer is ineffective because it doesn’t provide legal protection. However, there are some cases where an email disclaimer is a safe thing to have:
Of course, a simple disclaimer at the bottom of your communication cannot guarantee that the people who receive your emails will abide by what is written. But it’s still an additional level of protection.
As we said, email disclaimers can have different purposes. Let’s take a look at the most common ones, with email disclaimer templates that you can use as a footprint.
This disclaimer enhances the confidentiality of the message and forbids its disclosure. You can often find it in work emails when sensitive or confidential information is shared.
This email and any attached documents are intended for the named recipient(s) only. It may contain confidential, proprietary, or legally privileged information. Unauthorized reading, copying, distribution, or disclosure is strictly prohibited. If you received this email in error, please notify the sender immediately and delete it from your system.
Email disclaimers can often provide a link to the organization’s legal notices, such as privacy policy or Terms and Conditions.
[Organization name] processes personal data in accordance with applicable laws. For more details, visit [link to Privacy Policy].
The sender of an email can also use the disclaimer to limit his liability in regard to the message shared.
No liability is accepted for any errors or omissions in the contents of this email.
This clause can be useful when exchanging information that could lead to a possible agreement, but that is still non-binding. The non-binding clause disclaimer makes it clear that the contents of the e-mail do not constitute a legally binding agreement unless expressly stated.
Nothing in this email shall be construed as legally binding unless confirmed by a signed agreement.
This disclaimer or tag, marks the email as originating outside the organization, and it alerts employees to potential phishing risks.
[External Email] Please exercise caution with links and attachments.
This disclaimer is entirely optional, but it’s a nice suggestion to the recipients of your emails!
Please consider your environmental responsibility before printing this email.
In newsletters or marketing emails, there should always be an unsubscribe link at the bottom of the page. This link is required by law because people who receive your emails should always have an easy way to opt out of receiving them.
While email disclaimers are not required by law, if you’re sending a newsletter, having an unsubscribe link is mandatory.
You are receiving this email because you previously subscribed to our newsletter. If you no longer wish to receive our emails, you can unsubscribe here.
The easiest way to add a disclaimer to your email is to add it to your signature. In this way, every time you send an email, the disclaimer is automatically attached to your message.
Let’s take a look at how to customize your email disclaimer statement in Gmail and Outlook. However, the process is similar for most email providers.
Click on the Settings icon on the top right, then click on See all settings.
Now scroll down to Signature and click on Create new. The first thing you need to add is your full name, then you can customize the message in your disclaimer.
Add your disclaimer in the box provided and save.
Then click on Account > Signatures. Add your full name and paste your disclaimer in the box under your signature. Save all changes.
Use a smaller font, so it will look more discrete, but still easy to read.
Even though they’re not necessarily required by law, email disclaimers are often recommended if confidential information is shared. They can provide you with an additional layer of security and help you limit your liability in case of unauthorized access or misuse. Remember to add your disclaimer to your signature, so it’s always attached when you send a new email.
Compliance can be tricky, but at iubenda we try to make it simpler – so you can understand what requirements apply to you. Check our guides to learn more about email compliance:
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