Email Disclaimer

[Luk]

Hi Everyone!

I know this is slightly out of topic,
but what do you think is the advantages & disadvantage of email disclaimer?
From what I gathered from Web Law, it appears to have very little legal force and is just out there to scare people off.
I'm researching for reasons/ justifications to implement email disclaimer in my computer system.

Anyone has an insight?

Thanks!

Cheers, Luk

 

[IRstuff]

I think it's meaningless. There is no expectation of privacy as the courts have shown, particularly, since there are more secure ways of transmitting confidential information.

If you want security and privacy, encrypt your messages.

TTFN

 

[MortenA]

i think they are stupid and shows lack of self confidence (trying to get a sharp image by using semi legal mumbo jumbo). I feel sorry for those who are forced to include them by their company.

Best Regards

Morten

 

[TheBlacksmith]

Gives the appearance that something is important or valuable when its probably the usual drivel. The amazing thing is, most of the e-mails I get with disclaimers on the bottom are jokes. (Real jokes, intended for my amusement)

Blacksmith

 

[jproj]

I think they are rather amusing as well, but regardless of the means of transmission, the company sending confidential material is always dependant on the receiver to keep the information confidential. No matter how you send the info, the person you want to receive it has to keep the info "secret" (i.e. keep it from your competitors, etc...) If they don't hold up their end of the bargain, you are S.O.L. Not that you could prove the info. was leaked to your competitor, but one would hope the confidentiality statement would make someone think twice before divulging information to unacceptable sources.

Was that enough rambling for everyone else?

jproj

 

[RDK]

Why would anyone send confidential information to someone who they cannot trust? How you send the information e-mail, fax, snail mail, phone doesn’t matter.

If the receiver is trustworthy, then some legal clauses will not matter. Same if the person is not trustworthy.

All I would consider is a simple statement that this information is confidential, (or check the box on the fax form) simply to inform the receiver that the information is not for release.

What you are really saying in the disclaimer is “I’m not at fault if I misjudged the receiver of this information” If you worked for me and sent confidential information to someone untrustworthy or tried to duck responsibility for your judgment, I’d consider this cause to rethink our relationship.



Rick Kitson MBA P.Eng

Construction Project Management
From conception to completion

http://www.kitsonengineering.com

 

[IRstuff]

Actually, I don't think that's the purpose of the disclaimer. It's more an attempt to scare someone who is NOT the addressee from reading or revealing the information contained within.

But, it's basically pointless, since any confidential information sent to another company needs to be covered by a Proprietary Information Agreement, which covers anyone within the subject company. Anyone outside of the company is under no such obligation due to the loopholes in the law.

TTFN

 

[Luk]

Hi all!

Thanks for the replies.

Cheers, Luk

 

[brad]

I agree with IRstuff's point. While I don't include one myself, I do see a value that has been implied--
I get an email from a customer who has told me it's confidential (and with whom we have a confidentiality agreement). I forward the email to my colleague, forgetting to remind him that this IS confidential. Such a strongly-worded email disclaimer MAY act as a safety net in driving home the point that this is confidential.

Of course, this is redundant (from a legal standpoint) with the previously-signed NDA. However, no company wants to enforce/sue for violation of NDA--they would much rather avoid any accidental release of information. I think avoiding this accidental leaking of information (as opposed to giving legal basis for suit) is the ultimate usefulness of such email tags.

Brad

 

[jproj]

RDK:

You are only partially correct in that one would be a little crazy sending confidential information to a company one did not trust (really, who can you trust but yourself?). Sometimes companies demand certain information and threaten to pull a job or disqualify a bid if the information is not provided. While the decision to divulge the info to the customer is completely up to the owner, one has to realize that while one may "trust" a company, companies are made up of individuals who sometimes behave unethically. Hopefully the lack of knowledge for the law and the presence of a secrecy statement would deter most unethical behavior. That being said, I know that our company has tons of information from our competitors. I can only assume that somewhere someone was given this information in trust only to turn around and fax it to us....

jproj

 

[sc]

If the information is truly confidential would it not be best sent by certified mail?

I never send confidential information by fax or email as you only need to have a bad day and accidently send the information to the worng number.


sc

 

[DaveVikingPE]

My own personal policy is to ignore all spam and never send "jokes" en masse to people. If I get them (and I do) I trash 'em.

And I never put a disclaimer of any kind tagging my e-mail messages. As the blacksmith mentioned, I get a lot of "jokes" with disclaimers. If they're from someone I know, I just ignore them. If it's someone I don't know and I'm in a bad mood, I take action.

I did it once... Some clown sent me an advertisement - using the same e-mail list as a friend who doesn't know any better and sends out jokes, chain letters, etc. - and I replied to him, simply asking to be removed from his mailing list. I even used the word "please." He wrote back with another advertisement and got kind of nasty. Since he was "stupid" enough to leave his AOL e-mail address on the message I promptly contacted AOL's member service folks. A week later I found out they pulled his account. That was satisfying.