By understanding email and the law you can hopefully save your business money and avoid legal problems. This guide does not constitute legal advice. Legislation is constantly changing and the Business IT Guide can only present legal information at its highest level. It is therefore strongly recommended that you seek the help of qualified legal advice to deal with your specific situation.
Many of us have received emails that have a disclaimer at the bottom of the page. These disclaimers are often very “legal” sounding and are designed to protect the sender from legal action. The reality is that the courts will probably not uphold the disclaimer but it might help your case.
Most disclaimers cover breaches of confidentiality, propagation of viruses, contractual claims and employee liability. Some disclaimers seem to go on for ever!
Disclaimer Example 1
IMPORTANT: This message is intended for the addressee only and may contain private and confidential information or material which may be privileged. If this message has come to you in error you must delete it immediately and should not copy it or show it to any other person.
Disclaimer Example 2
This email is sent on behalf of XXXX and its associated companies ("XXX") and is strictly confidential and intended solely for the addressee(s).
If you are not the intended recipient of this email you must: (i) not disclose, copy or distribute its contents to any other person nor use its contents in any way or you may be acting unlawfully; (ii) contact XXX immediately on XXXX quoting the name of the sender and the addressee then delete it from your system.
XXX has taken reasonable precautions to ensure that no viruses are contained in this email, but does not accept any responsibility once this email has been transmitted. You should scan attachments (if any) for viruses.
XXX. Registered in England no.XXX -
Registered Office(s): XXX