Ensure legal protection 

Complete guide to legal disclaimers by country

The emails your company sends can expose your business to various legal, regulatory, or reputational risks. Manage your email signatures’ disclaimers with WiseStamp and save your company a lot of trouble.

legal email disclaimers

Depending on your industry and location, you will be required by law to include certain legal disclaimers in your emails. Here is a list of the major regulatory authorities and legislations concerning email disclaimers.

Note:

This page is for informational purposes only and should not be construed as legal advice. The law can change quickly and vary by jurisdiction, so you should consult a licensed attorney for advice specific to your situation. We do not guarantee the accuracy or completeness of the information provided in this page and are not liable for any damages resulting from its use.

United States

Federal Information Security Management Act (FISMA)
Although FISMA doesn’t have specific legal requirements for email disclaimers, it does require federal agencies to implement policies to protect their email systems and ensure the confidentiality, integrity, and availability of information. As such, federal agencies may include email disclaimers to help mitigate risks.

Federal Rules of Civil Procedure (FRCP)
FRCP rules do not contain any specific requirements for email disclaimers. However, email disclaimers may be included to provide legal protection and set out the terms of use.

Freedom of Information Act (FOIA)
FOIA does not directly apply to private companies, but you may be subject to similar laws that require you to disclose certain information upon request. If you’re sending an email that contains sensitive information, add a disclaimer to inform the recipient that the email is intended for the named recipient only, and that any unauthorized disclosure, copying, or distribution of the email’s contents is prohibited.

United Kingdom

Data Protection Act 2018 (DPA 2018

DPA 2018 is the UK’s implementation of the GDPR and provides additional regulations for processing personal data in the UK. Email disclaimers play a role in complying with DPA 2018 by providing additional info about the message and its sender.

The General Data Protection Regulation (EU) 2016/679 (GDPR)

Under this act, companies must disclose their name, registered office address, company registration number, and other information in all email communication.

Canada

Canada’s Anti-Spam Law (CASL)

Although FISMA doesn’t have specific legal requirements for email disclaimers, it does require federal agencies to implement policies to protect their email systems and ensure the confidentiality, integrity, and availability of information. As such, federal agencies may include email disclaimers to help mitigate risks.

European Union

EU Directive 2003/58/EC

Requires companies in the EU to disclose certain information in their email communications, including name, legal form, registered office, registration number, and more. Companies can use disclaimers to provide additional information or to limit their liability in cases that involve confidential information or errors in the email.

The General Data Protection Regulation (EU) 2016/679 (GDPR)

The GDPR applies to all organizations that process the personal data of EU residents, regardless of where the organization is located. To comply with the GDPR, add email disclaimers that provide recipients with additional information about the message and its sender, including contact information, legal notices, and other relevant disclosures. Always ensure that your disclaimers do not conflict with other GDPR requirements, such as providing data subjects with the right to access, correct, and delete their personal data.

Brazil

The General Data Protection Law (LGPD)

Email disclaimers can be used by organizations subject to LGPD to provide additional information and disclosures related to their compliance with the law.

Why email disclaimers matter

Protect Your Business 

Limit your company’s legal liability by clearly stating the purpose of any email you send and any legal restrictions related to it.

Maintain Professionalism

Add a professional touch to your business communication and give your company an air of credibility and authority.

Ensure Compliance

Assure your audience and local authorities that you abide by the data privacy or financial regulations of your industry and region. 

Provide Clarity

Clarify the purpose of each email and provide necessary warnings or disclosures to avoid any misunderstandings.

Australia

Privacy Act 1988

Email disclaimers can be used by organizations subject to this act to provide recipients with additional information and disclosures about the message and its sender, including contact information, legal notices, and other relevant disclosures related to the handling of personal information.

The Australian Privacy Principles (APPs)

These principles set out the minimum standards that organizations must follow when handling personal information in Australia. Email disclaimers can be used by organizations to show compliance with the APPs, to inform recipients about the organization’s privacy practices, and provide the data protection officer’s contact info.

Japan

Act on the Protection of Personal Information (APPI)

While the APPI does not specifically address email disclaimers, organizations include such disclaimers in their emails as a way to provide information and disclosures related to their handling of personal information of residents of Japan.

India

The Information Technology (IT) Act, 2000

Use email disclaimers to provide information and disclosures related to your compliance with the IT Act, to inform recipients that the email is confidential, that the information contained in the email is protected under the IT Act, or to instruct the recipient on what to do if they receive the email by mistake.

South Africa

The Protection of Personal Information Act (POPIA)

Under POPIA, an email disclaimer can be used to inform recipients that the email contains personal information, that the information should be treated as confidential, or to provide contact information for your company’s data protection officer.

A template for every disclaimer type

CONFIDENTIALITY

Protect sensitive information and maintain privacy.

NON-BINDING

Prevent confusion around the legal status of your email communication.

CORRECT RECIPIENT

Avert unintended consequences of sending an email to the wrong recipient.

NO VIRUSES

Avoid liability over damage caused by malicious software

PERSONAL OPINIONS

Avoid company liability for the opinions of an individual employee

CUSTOM

Create a legal disclaimer for the specific needs of your business.

Avoid any risk

Easily manage your company’s Email disclaimers

Ensure consistency in your messaging across all communications with the WiseStamp signature manager.

Our solution saves time by automating the process of adding legal disclaimers to email signatures.

It makes it easy to apply the relevant disclaimer for each jurisdiction, prevents individual employees from editing or removing their disclaimers, and helps you respond in time to regulatory changes.

Start now
Complete guide to legal email disclaimers by country

*This page is for informational purposes only and should not be construed as legal advice. The law can change quickly and vary by jurisdiction, so you should consult a licensed attorney for advice specific to your situation. We do not guarantee the accuracy or completeness of the information provided in this page and are not liable for any damages resulting from its use.

We use cookies on our website to make sure you get the best experience from your visit. Please confirm that you accept the use of cookies & our privacy policy.