Email Disclaimers: Are Email Disclaimers effective?

Yes, generally speaking, an email disclaimer is very effective in reducing a company or individual's liability and risk, should an email happen to be sent in error.

An email that is sent in error or accidentally has a number of potentially disastrous consequences depending on the nature of the email itself, its recipients and the content of the email.

There are a number of situations that a disclaimer may provide adequate protection for in the event an email was sent inadvertently or in error. A well written email disclaimer should be sufficient to protect an organisation against accidental misuse of content and confidential information contained in the email, as well as containing a request for the recipient to notify the sender should they receive an email in error and a requirement to delete the email immediately, among other items that protect the company.
Including a disclaimer as a standard for all emails additionally may limit liability for things and instances such as unintentionally entering into a contract where the email was sent to the wrong person or company, misrepresentation by a statement made in an email sent in error and for views of an employee which may not represent the views of the company.

Finally, an email disclaimer will go a very long way to helping to protect the original sender of an email that was sent in error, from potential liability for sending information which may violate the confidentiality or privacy of another person, which, in many cases often could be a valued client.
An email disclaimer does not provide full protection and the extent of the protection has yet to be fully tested in Australian courts. However, it is both a good compliance measure as well as best practice which has become a standard for all business and professional communications.

As emails now and increasingly have become the norm for most digital communications by companies, there is a great deal of confidential information that is transmitted by email and potentially room for errors or accidents in electronic communication. Email disclaimers should be included at the bottom of every email and are now a fundamental part of risk management and best practice for any company. In addition, a well written disclaimer can go a long way to protecting individuals, companies and their information. With this in mind, it's well worth incorporating applying in your business operations on an everyday basis.

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