E-mail Disclaimers

  Legslip 13:04 26 Nov 2007
Locked

Is it a legal requirement to have disclaimers at the end of company e-mails. I can't see that they would hold up very well if an issue came to court. They just seem a waste of spave to me.

  recap 13:12 26 Nov 2007

To back up the disclaimer I have 'Without Prejudice' at the beginning.

  Legslip 10:55 29 Nov 2007

Been told that they hold no legal water and use ink when printing so won't have one!

  €dstowe 11:10 29 Nov 2007

Depends what the disclaimer says.

Apart from that, though, they can deter anyone who "accidentally finds" an email and tries to act on its contents.

  silverous 11:30 29 Nov 2007

I'd be surprised to find that "they hold no legal water", just about every company out there has one so that's a hell of a lot of wasted water if that is the case.

I'm sure they aren't a 100% legal water, but the sentiments expressed would surely help to show that you had considered the issues and made steps to protect against them.

Also, I believe it may be a legal requirement to have registration numbers, address, legal name on ALL business correspondance and the disclaimer often performs that function also (although you could view the two as being separate).

click here

  interzone55 11:36 29 Nov 2007

As for wasting paper with these disclaimers, isn't it time that MS worked out an intelligent way of scaling emails & web-pages to fit onto a single sheet.

I'm fed up of getting an extra page with just the last line of an email or a web address on it.

  Legslip 17:03 29 Nov 2007

...some of the e-mails to my company. No disclaimers on e-mails from Vodafone, Amazon, Telephone Preference Service and many other companies that we deal with.

Who reads a disclaimer and if it says only to be opened by the recipient, who is going to take any notice of that?

  silverous 21:11 30 Nov 2007

Re: amazon, vodafone etc there'll usually be a terms and conditions link or at the very least there will be something with their company registration number - a legal requirement as per my post above, I've just checked and both are present on recent emails I have from amazon.

Of course a disclaimer can't stop you from taking action, but if it is there, and you take action then you would struggle to claim you hadn't seen it. Think of a case where an employee sends an offensive email using the company email system. Or places an order that they shouldn't have via email. A disclaimer usually will show that the company sending it will not accept any actions taken by the recipient as a result or any views expressed within it. Legally I don't know how much weight this holds, but if it is on there presumably you have the starting point of your argument.

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