Yes, generally speaking, an Email Disclaimer is effective in reducing a company or individual’s liability, should an email be sent in error.
An email that is sent in error has a number of potentially disastrous consequences depending on the nature of the email, its recipients and the content. There are a number of situations that an email disclaimer may provide protection for in the event an email was sent inadvertently. A well written email disclaimer should protect against misuse of content and confidential information contained in the email, as well as containing a request for the recipient to notify the sender and a requirement to delete the email immediately, among other items.
Including a disclaimer as a standard for all emails additionally may limit liability for things and instances such as unintentionally entering into a contract where the email was sent to the wrong person or company, misrepresentation by a statement made in an email sent in error and for views of an employee which may not represent the views of the company.
Finally, an email disclaimer will go a long way to helping protect the sender of an email that was sent in error, from liability for sending information which may violate the confidentiality or privacy of another person, which, in many cases often could be a client.
Email Disclaimers don’t provide full protection
An email disclaimer does not provide full protection and the extent of the protection has yet to be fully tested in Australian courts. However, it is both a good compliance measure as well as best practice which has become a standard for all business and professional communications.
As emails now become the norm for most communications by companies, there is a great deal of confidential information that is transmitted by email. Email disclaimers should be included at the bottom of every email and are now a fundamental part of risk management and best practice for any company. In addition, a well written email disclaimer can go a long way to protecting individuals, companies and their information.
