Regardless of the type of business you are running, email communication is one of the better means of interacting with your prospective as well as existing clients.
As such, it is a business communication tool that you cannot do without. It may appear as just a simple email; nevertheless, there are several legalities that are associated with it.
There have been instances when companies and businesses suffered multimillion dollar losses and were subjected to legal threats. Since these are nothing but occupational and professional hazards, the best way to stay safe from legalities is to use these disclaimers. Here, we find out why you require email disclaimers in the first place.
What are email disclaimers?
These are basically statements that are added at the end of emails so you can disclaim liability. These statements are legal in nature. However, you can also use them for the purpose of marketing.
Why you need disclaimers for your business
Regardless of whether you are running a small business or you have established yourself as a brand already, you will feel the need to add these statements for all your business emails. Below are three main reasons why you must do so.
1. Compliance
According to the new regulations, it is mandatory for you to protect the privacy of your clients. If you do not adhere to the norms, your organisation can be penalised for the same.
For instance, in the United States, the HIPAA or Health Insurance Portability and Accountability Act makes it mandatory for health institutions to maintain records of all email communications. The SEC or the United States Securities and Exchange Commission as well as Gramm-Leach_Bliley Act has also laid down the same norms for financial institutions.
2. Legal protection
According to some, the contents of an email disclaimer do not carry any weight, while a few others are of the opinion that the content can at least protect you and might prevent you from getting sued. In other words, it can help you as far as liability in the court is concerned. In fact, the very presence of the statements might prevent people from suing your organisation and they might not claim compensation at all. Regardless of the type of business you are running, namely, offering business loans, consultation, or any other services; you can be safeguarded in the following areas:
- Breach of confidentiality
- Virus transmission
- Contracts and agreements
- Accidental breach of confidentiality
- Employer’s liability
- Ignorant ‘misstatement’
3. As a marketing tool
Disclaimers do not just mean legal statements that render protection. There are many such organisations and businesses that add a footnote at the end of their email communication. These companies add their company address and URL.
Adding email disclaimers
Disclaimers or legal statements can be added either as your email signature or at the server level. These signatures are usually configured in the client software applications like Microsoft Outlook.
Alternatively, you can also change the signature in the individual machines in case you are not able to change it at the server level since it is client based. However, experts are of the opinion that the best to add signatures is to add them at the server level.
In a nutshell…
In order to stay protected legally, you can draft an email policy that will be made available throughout the organisation and then execute the same. In other words, although it might offer full legal protection, it can be considered as a ‘first step legal protection’ tool.
Further reading on legal advice
