Businesses are now using Email Disclaimers more frequently. The most common reason is to attempt to safeguard confidential information. This may be information that a company holds or information that is intended to be sent to a particular recipient, for a specific purpose or even just information about the company itself.
Similarly, email disclaimers are used when any type of advice is being given for a specific purpose through electronic means. For example, an email disclaimer may be used to limit liability where the information should not be passed on to a third party and relied on but there is potential it may be.
By using a disclaimer for the transmission of this type of information it lets the recipient know the extent to which it can be used and when it may not be. In many instances a standard email disclaimer will state that if an email was sent to the recipient in error, that person is required to delete the email and not use or pass on any of the information contained in the email. This is used to avoid and safeguard against the wrongful dissemination of confidential information.
Another important reason to use email disclaimers is that a company will not be able to control what is sent by their employees; therefore a disclaimer should appear at the bottom of every email to try to protect the company for emails sent by their employees.
Email Disclaimers are becoming the standard
An email disclaimer is a standard inclusion on emails for most companies and will outline that the contents of the email are not necessarily the views of the company. This essentially tries to distance the company from the sender, even if it is an employee and means that if there is a misrepresentation or any other type of inappropriate conduct, it is the sender whom is personally liable and not the company.
In other situations an email disclaimer may be used to ensure that the recipient knows the extent of the authority that a company provides to the employee as sender of the email. For example a disclaimer can state that any emails sent by a specific person cannot form a contract.
From this, email disclaimers can be very broad or customized for specific purposes. Employers and companies can tailor email disclaimers to specific employees, specific information provided, who may rely on the contents of the email, how it may be used, and many other caveats rather than having a general disclaimer for all employees.
The nature of the employee’s role and risk involved in emails will determine whether the use of a unique or general disclaimer is appropriate. Lastly, the nature of the company and what is communicated by email will also determine how the email disclaimer is framed and what it needs to contain to be tailored and effective for its particular use.