Today, email remains a primary communication tool for businesses. However, when exchanging sensitive information, it’s crucial to ensure its confidentiality. This is where email disclaimers and email confidentiality notices come into play.
Email confidentiality notices or legal statements inform recipients of the email’s confidential nature and outlines what to do if they receive it in error. It serves as a safeguard for sensitive information and helps manage expectations.
In this blog post, you will find 10 examples of email disclaimers that can be used for various purposes in your email communication. You will also discover the ways to automate and manage your legal statements for everyone in your organization using BulkSignature.
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Why Use Email Disclaimers and Confidentiality Notices?
There are several compelling reasons to incorporate email disclaimers into your email communication:
Protection of Sensitive Information: Emails can contain a wide range of confidential information, including trade secrets, financial data, personal details, and intellectual property. An email confidentiality notice discourages unauthorized disclosure and reinforces the importance of handling the information with care.
Reduced Risk of Accidental Disclosure: Emails can be accidentally forwarded or sent to the wrong recipient. An email confidentiality notice provides clear instructions for what to do in such a scenario, minimizing the risk of inadvertent breaches.
Increased Professionalism: An email confidentiality notice demonstrates professionalism and a commitment to data security. It shows recipients that you take information privacy seriously.
Management of Expectations: An email confidentiality notice sets expectations for handling the email’s contents. It establishes a clear understanding of the level of privacy associated with the information.
What Should Email Disclaimers and Confidentiality Notices Include?
While there’s no one-size-fits-all approach, email disclaimers or email confidentiality notices typically include the following elements:
Statement of Confidentiality: Clearly state that the email and any attachments contain confidential information.
Restricted Use: Indicate that the information is intended solely for the intended recipient(s).
Action for Wrongful Receipt: Provide instructions for what the recipient should do if they receive the email in error, such as notifying the sender and deleting the message.
Disclaimer of Liability: You may choose to include a disclaimer stating that the sender is not liable for any damages caused by the email or its attachments.
Powerful Email Disclaimers and Confidentiality Notices Examples
Here you can find powerful email disclaimer templates that you can use as a foundation for your own:
Example 1: Basic Confidentiality Notice
Even seemingly harmless emails can contain sensitive information. This basic disclaimer protects you by informing recipients that the message is confidential and should only be accessed by the intended person. It also provides clear instructions for accidental recipients.
This message and any attachments are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender immediately and delete the message from your system.
Example 2: More Detailed Confidentiality Notice
When dealing with highly sensitive information or following strict company policies, a more detailed disclaimer is crucial. This example emphasizes ownership of the information and explicitly forbids unauthorized use. It strengthens protection and clarifies consequences for misuse.
This email and any attachments contain confidential information that is the property of [Your Company Name]. The information is intended only for the addressee(s). If you are not the intended recipient, you are strictly prohibited from disclosing, copying, distributing, or using any of the information in this email. If you have received this email in error, please notify the sender immediately by reply email and permanently delete the message from your inbox.
Example 3: Confidentiality Notice with Disclaimer
This disclaimer goes beyond confidentiality by acknowledging potential limitations in the information’s accuracy or completeness. It protects you from liability for any issues arising from the email’s content. Use this when information is preliminary, or you cannot guarantee its perfection.
This email and any attachments may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by reply email and delete the message from your inbox. The information contained in this email may not be accurate or complete, and the sender makes no warranties or representations in connection with such information. The sender shall not be liable for any damages or losses arising from the receipt or use of this email or its attachments.
Example 4: Notice for Marketing Materials
Marketing materials often contain valuable intellectual property. This disclaimer safeguards your investment by specifying that the information is confidential and restricts its use for any purpose other than its intended marketing function.
The information contained in this email and any attachments is considered marketing material and confidential property of [Your Company Name]. It is intended solely for the use of the addressee(s) and may not be distributed or used for any other purpose without written permission from [Your Company Name].
Example 5: Notice for Preliminary Information
Working with unfinished information happens frequently. One of the email disclaimers that protects you by informing recipients that the content may not be final and should not be relied upon without confirmation. This prevents misunderstandings and ensures important decisions are based on accurate data.
This email contains preliminary information and may not be final or accurate. Please do not rely on the information in this email for any purpose without confirmation from [Your Name/Department].
Example 6: Notice with Personal Information
Data privacy regulations are becoming increasingly strict. This disclaimer protects you by notifying recipients that the email may contain personal information subject to specific laws. It ensures compliance and reduces the risk of data breaches.
This email may contain personal information protected by [Data Protection Law, e.g., GDPR, CCPA]. This information is intended only for the addressee(s). If you are not the intended recipient, please notify the sender immediately and delete the message from your inbox.
Example 7: Notice with Disclaimer of Liability
Emails can be misinterpreted, especially when offering advice. This disclaimer protects you by clarifying that the information is for general knowledge and not a substitute for professional advice. It limits your liability for any actions taken based on the email’s content.
The information contained in this email is for informational purposes only and is not intended to be legal advice. The sender assumes no liability for any damages arising from the use of the information in this email.
Example 8: Notice for Internal Communication
Companies often handle sensitive internal information. This disclaimer protects confidential or proprietary information by restricting the email’s circulation to authorized employees within your organization. It prevents unauthorized access and potential leaks.
This email and any attachments are intended for the internal use of [Your Company Name] employees only. The information contained herein may be confidential or proprietary. Please do not distribute this email or its attachments outside of the company without prior authorization.
Example 9. Warning for Viruses
Even with antivirus software, emails can harbor undetected viruses. This disclaimer protects you by acknowledging the possibility of such threats. While you take precautions, it limits your liability for any damages caused by viruses that might slip through.
The information contained in this email and any attachments is intended solely for the use of the addressee(s). While this email has been scanned for viruses, the sender disclaims any liability for any damages arising from the use of the information contained herein, including any viruses that may have escaped detection.
Example 10. Regional Legal Requirements
Data protection laws vary by region. This disclaimer protects you by informing recipients of potentially applicable regulations (like HIPAA or GDPR) and your commitment to compliance. It also encourages those in specific regions to consult their own legal counsel for further guidance.
This email and any attachments may contain information subject to [Specific Law, e.g., HIPAA, GDPR]. We adhere to all applicable data protection regulations. If you are located in a region with specific legal requirements for data handling, please consult your local legal counsel for guidance.
Example 11. Misstatements
Information can change quickly, and even the best efforts might lead to unintentional inaccuracies. This disclaimer protects you by acknowledging the possibility of misstatements and encourages recipients to notify you of any errors they find. It promotes accuracy and allows for corrections.
The information contained in this email is for informational purposes only and is believed to be accurate at the time of sending. However, the sender makes no warranties or representations regarding the accuracy or completeness of the information. If you discover any misstatements, please notify the sender immediately.
Legalities of Email Disclaimers and Confidentiality Notices
While email confidentiality notices are a valuable tool for protecting sensitive information, it’s important to understand their legal weight. Here’s a breakdown of the legalities surrounding these disclaimers:
Limited Enforceability: An email confidentiality notice alone cannot establish a legally binding contract with the recipient. Simply including a disclaimer in your email doesn’t automatically obligate the recipient to keep the information confidential.
Notice Function: The primary function of an email confidentiality notice is to inform the recipient of the email’s confidential nature. By including a disclaimer, you put the recipient on notice that the information is sensitive and should be treated accordingly.
Potential for Legal Action: An email confidentiality notice can be used as evidence in court to support your case if there’s a breach of confidentiality. It demonstrates that you took reasonable steps to protect the information. However, the enforceability of the disclaimer will depend on factors like the specific wording used, the jurisdiction, and the presence of a pre-existing confidential relationship (established through a Non-Disclosure Agreement or NDA).
Strengthening Your Case: While an email confidentiality notice has limitations, it can be strengthened by combining it with other security measures. This includes:
Password-protecting sensitive attachments
Encrypting emails containing highly confidential information
Having recipients sign a Non-Disclosure Agreement (NDA) before sharing sensitive information
Additional Considerations for Email Disclaimers and Confidentiality Notices
Placement: While confidential email disclaimers can be included within the email body, there are several advantages to incorporating them into your email signatures. Email signatures ensure every email sent from your organization displays the disclaimer. This eliminates the risk of accidentally omitting the disclaimer in individual emails. Disclaimers placed in email signatures are automatically included at the bottom of every email, guaranteeing they are seen by the recipient.
Tailor the Notice: Adapt the email confidentiality notice to the specific level of sensitivity of the information in the email. Manually updating disclaimers across hundreds of employee emails can be a tedious task. This is where a solution like BulkSignature shines. You can define different disclaimers for emails containing varying levels of confidentiality. With BulkSignature, you can centrally manage these disclaimers and ensure consistent application across all employee emails. Additionally, BulkSignature allows for automatic updates to disclaimers, guaranteeing you always have the latest and compliant information displayed.
Security Measures: While an email confidentiality notice is a valuable tool, it’s not a foolproof security measure. Consider additional security measures such as:
Password-protecting attachments
Encrypting emails with a service or software program
Utilizing two-factor authentication
Educating employees on phishing scams and email security best practices
Conclusion
By incorporating a well-crafted email disclaimer into your email communication and utilizing a tool like BulkSignature for management, you can significantly improve the protection of sensitive information and demonstrate your commitment to data security. Remember, even a simple confidential email disclaimer can go a long way in safeguarding your valuable business information. BulkSignature streamlines the process of creating, deploying, and maintaining these disclaimers across your entire organization, ensuring consistent protection and simplifying compliance efforts.
