+ Reply to Thread
Results 1 to 2 of 2
  1. #1
    Join Date
    Jun 2017
    Location
    California
    Posts
    5

    Do Email Disclaimers at the Footer, Have Any Validity?

    California.

    When people send me emails, I often see for example: "***NOTICE: The information contained in this e-mail message is legally PRIVILEGED AND CONFIDENTIAL and intended only for the recipient(s) named above. If you are not the intended recipient, please reply to the sender that you have received the message in error then delete/destroy message. Information is not to be used for any business advantages without consent from sender. Thank You ***

    Does that little disclaimer at the footer hold up in court, if someone took info from your email and shared it with someone else, or took advantage of it? And say you wanted to sue them for damages in civil court.


  2. #2
    Join Date
    Jan 2007
    Location
    Michigan
    Posts
    29,232
    Quote Originally Posted by GLLDave View Post
    California.

    When people send me emails, I often see for example: "***NOTICE: The information contained in this e-mail message is legally PRIVILEGED AND CONFIDENTIAL and intended only for the recipient(s) named above. If you are not the intended recipient, please reply to the sender that you have received the message in error then delete/destroy message. Information is not to be used for any business advantages without consent from sender. Thank You ***

    Does that little disclaimer at the footer hold up in court, if someone took info from your email and shared it with someone else, or took advantage of it? And say you wanted to sue them for damages in civil court.
    Courts have varied a bit on the enforceability of email disclaimers - but for the email disclaimer you gave as an example to be a valid and enforceable non-disclosure, confidentiality agreement, the recipient of the email must have agreed in advance to accept confidential communications via email and agreed in advance that the contents would remain confidential.

    Misdirected emails do not legally bind recipients who receive the emails in error.

    Without the recipient agreeing in advance to keep the contents of the email confidential, in other words, there is no agreement formed between the sender and recipient. There is no confidentiality agreement to enforce.

    Copyright disclaimers, on the other hand, can be enforceable.

    So the validity of an email disclaimer depends on the specific disclaimer.


    Last edited by quincy; 11-08-2017 at 08:19 PM.
+ Reply to Thread

Similar Threads

  1. Help with email footer & liability????
    By cfoms1234 in forum Libel / Slander / Defamation
    Replies: 2
    Last Post: 05-06-2009, 02:28 PM
  2. Email Disclaimers
    By LindaR in forum Computers / Software & Internet Law
    Replies: 2
    Last Post: 02-15-2006, 04:54 PM
  3. email disclaimers
    By LyricalReckoner in forum Computers / Software & Internet Law
    Replies: 3
    Last Post: 08-14-2005, 01:37 PM
  4. First Amendment, validity of Disclaimers
    By PlatinumClip in forum Juvenile Law
    Replies: 1
    Last Post: 06-14-2005, 11:06 PM
  5. Disclaimers in email messages
    By qednick in forum Civil Litigation
    Replies: 0
    Last Post: 09-01-2004, 07:31 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© Since 1995 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.