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An Analysis Of Email Disclaimers

Posted by timothy on from the by-reading-this-you-agree-to-send-your-sister dept.

akintayo writes "Recently more amd more organisations have required email sent from their accounts to contain an attached disclaimer. This disclaimer is supposed to describe the recipient's rights to 'use' that email. This slate article analyzes the legality and impact of one such disclaimer, and finds it somewhat lacking."

3 of 334 comments (clear)

  1. There is a much older Ressource ... by Sweetshark · · Score: 5, Informative

    about this here. And it also has a collection of stupid disclaimers ..

  2. Email to govt in Texas becomes public record. by Anonymous Coward · · Score: 5, Informative

    Here in Texas whenever you send an email to a state or local government official, it automatically constitutes a public record, regardless of any disclaimers attached, and is subject to the state's open records availablility and record retention laws.

  3. Re:Mail User License Agreement by clamantis · · Score: 5, Informative

    As one who negotiates NDAs for a major corporation, I have advised clients that these "disclaimers" are inappropriate in negotiation. You can't dictate the terms of a confidentiality agreement in an e-mail sig, but only in an agreement duly signed by both parties. Even click-and-accept agreements like EULAs are not recognized in some countries, and so we have to insist on signed paper in those cases. (eg: http://articles.corporate.findlaw.com/articles/fil e/00051/005095/title/Subject/topic/Intellectual%20 Property%20Law_Licensing/filename/intellectualprop ertylaw_1_239 ) We do not use disclaimers like this on e-mails, although attorneys advise that their messages should be considered atty-client privilege if marked confidential. And in those cases, they should never be forwarded outside the company. Point is if you're really serious about electronic data getting into the wrong hands, don't use unencrypted e-mail. If you're concerned about improper use by the intended recipient, don't send the info without a non-disclosure agreement.