Any legal basis for email disclaimers?

edanto

I'm just wondering if there is any legal basis or requirement (or advice!) for a company email to have a disclaimer on it.

In the event that some confidential information is sent to the wrong person, does that somehow expose you to a legal problem that can be averted by a disclaimer?

My position is that one of our board members is asking me to look into it and though I've been searching the web, I've not found anything more than 'well I suppose to be really careful you should probably have a disclaimer' - for instance, this from Weblaw (UK site)

The value of disclaimers is limited, since the courts normally attach more weight to the substantive content of the communication and the circumstances in which it is made than to any disclaimer. Having said that, disclaimers may possibly be helpful if an issue ends up in court in various respects such as those described below and, since disclaimers cost (almost) nothing, it is worthwhile to use them. Even though their effectiveness in court is doubtful, they may provide a useful argument in negotiations to resolve a dispute.

There are some industries (legal/banking), where I can clearly see the merit in having a disclaimer - but we're a development/education charity and we already use our sigs to advertise events and I don't want to double the length of them by including something unless we absolutely have to (such as the company info).

Does anyone know of a compelling reason to adopt them?

seamus

I'm not entirely sure how relevant or enforceable they are in Ireland.

A lot of them I've seen say things like, "The content is solely for the addressee", and "Information in this email must not be passed onto third parties", but much like disclaimers on web forums and the like, all they really are is a defence for the company to say, "Well we tried" - they don't form any kind of binding legal agreement with the person who reads them.

The quote you post sums it up quite well, the content is more important than the disclaimer. Let's say someone, for example, composed an email detailing a list of sordid activities that a person named "Bertie Ahern" partook in, and then published it. At the bottom of the mail, they put a little disclaimer saying, "Names in this email are not the names of any persons living or dead, and any likeness is coincidental". It wouldn't be much defence in the impending libel suit.

edanto

/little nudge

Tom Young

Article 13 of the Directive on Privacy and Electronic Communications -- the "Spam Directive." The first paragraph of Article 13 states that sending commercial email messages is only allowed if recipients have given their prior consent.

Most member states have broken the requirements down. A broad answer to your question though is yes.

Unless of course you are flogging a Rolex, are related to a Nigerian Emperor or hawking Viagra. Stiff competition in that trade or so I am told.

ircoha

Tom Young wrote:

Article 13 of the Directive on Privacy and Electronic Communications -- the "Spam Directive." The first paragraph of Article 13 states that sending commercial email messages is only allowed if recipients have given their prior consent.

Most member states have broken the requirements down. A broad answer to your question though is yes.

Unless of course you are flogging a Rolex, are related to a Nigerian Emperor or hawking Viagra. Stiff competition in that trade or so I am told.

A legal eagle with a GSOH:cool: