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Email disclaimer's legality in the UK

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  • Email disclaimer's legality in the UK

    Have you taken advice on your disclaimer?
    In the UK e-mail is now considdered a business letter so it needs to meet the same sort of rules as headed company paper.

    A lot of stuff that you see on footers is not enforceable in UK law. For example the balanket "Ignore everything on this email and don't blame us if you take action on it" type of footers are no good if you actualy confirm supplier's orders by email.

    One of my pet hates is yard long footers full of un-enforceable sudo-leagal babble.

    See here for some ideas http://www.out-law.com/default.aspx?page=5536

  • #2
    Re: How can I add a disclaimer to ALL outgoing messages?

    One of the reasons I like Exclaimer is that it comes with UK legal templates, which can be easily adjusted. Although the bes advice has to be to get the disclaimer approved by your own legal people.

    Simon.
    --
    Simon Butler
    Exchange MVP

    Blog: http://blog.sembee.co.uk/
    More Exchange Content: http://exchange.sembee.info/
    Exchange Resources List: http://exbpa.com/
    In the UK? Hire me: http://www.sembee.co.uk/

    Sembee is a registered trademark, used here with permission.

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    • #3
      Re: How can I add a disclaimer to ALL outgoing messages?

      When we were looking at this, we were advised, that since it is a form of legal disclaimer, it should actually go at the top of the email, so that is the first thing that is read.

      The reason being if it is at the bottom it may be invalidated since the user has already read the message

      Dave

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      • #4
        Re: How can I add a disclaimer to ALL outgoing messages?

        Not sure how valid that is bearing in mind you can send out publications etc with T&C on the website etc. So far I have never seen an email with the disclaimer at the start, including several law firms and banks.
        Was this information from a solicitor qualified in the field? (just for info!)
        cheers
        Andy

        Please read this before you post:


        Quis custodiet ipsos custodes?

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        • #5
          Re: How can I add a disclaimer to ALL outgoing messages?

          I belive so, my boss dealt with it, with our companies lawyers who do have people trainined in electronic legalities for lack of a better word

          Dave

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          • #6
            Re: How can I add a disclaimer to ALL outgoing messages?

            This looks relevant, kind of agrees in a way!...
            http://www.out-law.com/page-5536
            cheers
            Andy

            Please read this before you post:


            Quis custodiet ipsos custodes?

            Comment


            • #7
              Re: How can I add a disclaimer to ALL outgoing messages?

              To the best of my knowledge, disclaimers have never actually been tested in court. I wish someone would, then they might get thrown out altogether.

              Here in the UK the legal information that is required can go at the bottom of the email. How many letters do you get with a disclaimer at the top of the piece of paper!

              So while there is a technical legal aspect to the disclaimer, for practical reasons it isn't done like that. I have seen disclaimers at the top in the past, but it is very unusual and if it pops up on an email list then the sender usually gets slated for it.

              Simon.
              --
              Simon Butler
              Exchange MVP

              Blog: http://blog.sembee.co.uk/
              More Exchange Content: http://exchange.sembee.info/
              Exchange Resources List: http://exbpa.com/
              In the UK? Hire me: http://www.sembee.co.uk/

              Sembee is a registered trademark, used here with permission.

              Comment


              • #8
                Re: How can I add a disclaimer to ALL outgoing messages?

                To be honest the disclaimer itself in a court of law isnt worth the email its written on. There just a cosy appendage that gives the company some sense of legality that has more holes in than swiss chesse. In regards to communication over the internet many of the laws are sketchy purely because there is no baseline, inherent standard or law for that matter that can be strictly adhered too. Bearing in mind that those that do take a grivience with them have little knowledge of the technology involved nor its consequence.

                Comment


                • #9
                  Re: Email disclaimer's legality in the UK

                  However until there is case law to prove that either way, companies will continue to want to use them. It needs case law to be established to provide a precedent. At the moment it is basic lemming activity of "me too".

                  Simon.
                  --
                  Simon Butler
                  Exchange MVP

                  Blog: http://blog.sembee.co.uk/
                  More Exchange Content: http://exchange.sembee.info/
                  Exchange Resources List: http://exbpa.com/
                  In the UK? Hire me: http://www.sembee.co.uk/

                  Sembee is a registered trademark, used here with permission.

                  Comment

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