When you think that your employees are each sending up to 1 000 emails a month, there’s plenty of opportunity for brand damage – and you literally can't afford it.

You need some proactive protection. From contracts and confidentiality to codes of conduct and copyright, the best email disclaimers cut through the compliance confusion.

So, while it might be difficult to get excited about disclaimers for email, it’s a good time to review yours. Before you jump into the world of email disclaimers, here are 10 things to consider, as well as keep in mind, first:

1. Does your brand need one?

Wherever you are in the world, check the legal email disclaimer requirements. At the very least, it’s likely your brand's email is required to show your company name, registration number and place of registration.

2. Is it enforceable?

Do you really want to risk it? Whilst we can’t promise that your email disclaimer would be a watertight defense in court, it’s safe to say that it would help your case and is certainly enough to dissuade any litigation-minded recipient from any action.

3. Don’t over complicate or let it dominate

Keep your email disclaimer simple whilst keeping your business covered. And keep it easy to understand too – go easy on the legalese!

4. Does your brand need to keep it confidential?

If your email is for a certain recipient’s eyes only, it makes sense to include a confidentiality statement. And if your email is sent to the wrong person by mistake, this statement should tell them to contact you (the sender), delete the message and not to copy, forward or store it.

5. Are you copyright covered?

Is it clear that the rights to your email content are yours? Make it crystal clear with a copyright clause.

6. Are you creating contractual confusion?

Could your email content be read as a legally binding contract? An email disclaimer can make clear if it is or isn’t and avoid any costly confusion.

7. Reminder – run a virus check

Even though you’re taking every precaution to ensure there’s no malicious software in your message (especially attachments), your email disclaimer should recommend that the recipient runs their own virus check.

8. Don’t start a chain distraction

Don’t clog up your email chain with a disclaimer on every reply. Make sure your email signature software drops your disclaimer to the bottom of any email chain.

9. Do you need different disclaimers?

Accounts need confidentiality. Legals need codes of conduct. Sales need contracts. Basically, different departments may need different disclaimers. So, make sure your email signature software can deliver this while keeping you in central control.

10. Don’t forget Internal emails

While everyone in your company is on the same side (in theory) make sure you’ve got disclaimers on all internal email too and an email policy to back them up, eliminating any inappropriate and offensive inter-staff email.

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