An Email Disclaimer is added to an email and is a statement of legal character that identifies the email that is only for the recipient and contains a disclaimer for opinions and errors.  An email disclaimer protects your emails from their content being used incorrectly. Employers are responsible for the actions of their employees, email disclaimers are a way for companies to protect themselves and prevent unwanted costly lawsuits.  Email disclaimers are desirable to prevent defamation, unintended contract formation and misdirected emails. a disclaimer acts as a deterrent to sue in relation to the content of the email.  it may also exempt a company or business from liability as to the contents of an email.

Why Use An Email Disclaimer?

Reasons for email disclaimers:

  1. Confidentiality:  A clear and prominent confidentially disclaimer in an email disclaimer ensures the content of the email is for the intended recipient only and if the email is sent to the wrong recipient the contents should be kept quiet and deleted. This ensures the email content will not be misused.
  2. Contractual rights: An email is a written communication and it is possible for a person to enter into a legally binding contract by email.  The email disclaimer provided shows that an employee does not have required authority to enter into a legally binding contract by email.
  3. Protection from Error: If an email is sent in error disastrous consequences could ensue.  A proficient email disclaimer can protect against misuse of content and information in the email.
  4. Reduce Company Liability: The email disclaimer can reduce the risk of an employer being liable for the acts of its employees if it shown the employer had a clear policy regarding email.

Please note: An email disclaimer will not provide complete protection and has yet to be fully tested in the Australian courts. However the use of an email disclaimer is fundamental to risk management and best practice for a company. A well written Email Disclaimer such as the one provided by LawPath can go the extra mile in protecting individuals, companies and their information.

Unsure where to start? Contact a LawPath consultant on 1800LAWPATH to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

Dominic Woolrych

Dominic is the CEO of LawPath, dedicating his days to making legal easier, faster and more accessible to businesses. Dominic is a recognised thought-leader in Australian legal disruption, and was recognised as a winner of the 2015 Australian Legal Innovation Index.