A guide to email disclaimers with customizable templates
While most email recipients probably skim over the disclaimers found at the bottom of the weekly newsletters they subscribe to, those little blurbs of text are important.
These statements help limit legal liability, clarify confidentiality obligations, and demonstrate compliance with data privacy laws. Much like having a clear cookie notice and a privacy policy on your website, adding a disclaimer to your emails shows recipients that you’re serious about data privacy.
In this article, we’ll look at what exactly an email disclaimer is, why you might need one, and the different types you can use to limit your business’s legal liability.
What is an email disclaimer?
An email disclaimer is a short statement that is typically placed at the end of an email to limit legal and financial liability for the sender and their organization.
There are many types of email disclaimers, all of which aim to clarify the sender’s position and reduce risks by addressing issues like confidentiality or compliance with legal standards.
Although they’re meant to help minimize the potential legal repercussions an email might present, it’s important to note that a disclaimer doesn’t fully exempt your business from liability. It’s a safeguard rather than a guarantee.
Do you need to use an email disclaimer?
Most businesses, especially those in regulated industries or operating in regions with stringent privacy compliance requirements, will find that the use of email disclaimers applies to them in one way or another. Some reasons that you might need to use an email disclaimer.
- Target customers in Europe: An email disclaimer can give customers confidence that your business complies with the General Data Protection Regulation (GDPR).
- Target consumers in certain US states: As of the end of 2024, 21 US states have passed data privacy laws. Adding a disclaimer to your email helps to show that your business adheres to data privacy best practices.
- Communicate with workers in the healthcare and health insurance industries: Patient information is highly sensitive, and the US Health Insurance Portability and Accountability Act (HIPAA) requires confidentiality and secure handling for this data.
- Send automated emails and newsletters: Many countries, including the US, Canada, and Australia, have anti-spam email marketing laws that require businesses to add disclaimers to their communications, among other measures.
- Offer professional services: Dealing with confidential client information is routine in industries like law, finance, and consulting. Email disclaimers can help businesses in these industries limit their liability in the event that this information were compromised.
Disclaimers can also:
- defend your business against breaches of confidentiality by advising unintended recipients to delete sensitive information
- protect you from liability for damages caused by negligent advice or viruses contained in email attachments
- clarify that the email does not form the basis of a legally binding contract
Although they can be useful for helping you avoid legal and financial liability, email disclaimers are not a failsafe solution. One reason is that they’re often overlooked — or even ignored — by recipients. Another is that courts are more likely to look at the context and substance of a disclaimer, rather than whether or not it was present, when determining liability.
Despite these limitations, email disclaimers are still a useful first line of defense. In some cases, failing to include this block of text in your business communications can result in serious consequences.
For example, if a team member sends an email that contains personal opinions without a disclaimer clarifying that the views expressed therein are solely those of the sender, the recipient could attribute those views to the organization as a whole. This misunderstanding could result in defamation claims against the company, which can damage its reputation and result in financial damages.
6 types of email disclaimers — with plug-and-play templates
There are numerous types of email disclaimers designed to address distinct legal, professional, or operational concerns. The following sections explore common types of disclaimers, with examples to guide you through creating your own.
Before we go further, here is a disclaimer from us: the content of the example disclaimers we provide below is for example purposes only and should be tailored to your organization’s needs and the legal requirements in the country, region, and/or industry where you operate or have customers before you put them to use.
Privileged and confidential disclaimers
Privileged and confidential disclaimers are common in industries like law, healthcare, and finance, where emails may contain private client or patient information. They’re used to protect sensitive information by notifying whoever the communication is sent to that only the intended recipient is authorized to access the content of the email.
This type of disclaimer typically advises unintended recipients to delete the email and notify the sender. While it doesn’t guarantee legal immunity, a privileged and confidential disclaimer helps organizations demonstrate their efforts towards maintaining confidentiality and complying with data privacy laws, which can reduce potential liability for unauthorized access or breaches.
Confidentiality email disclaimer template
Below is a template for a confidentiality email disclaimer that you can customize to align with your organization’s specific requirements and the legal frameworks in your jurisdiction:
This email and any attachments are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, please notify the sender immediately, delete this email, and refrain from copying, distributing, or disclosing its contents. Unauthorized use of this communication may be unlawful. [Your Company Name] accepts no liability for any damage caused by unauthorized access to this email or any errors or omissions in its content.
Liability email disclaimers
Designed to protect organizations from being held accountable for errors, omissions, or unauthorized statements made in email communications, liability email disclaimers are a key tool for risk management.
These disclaimers typically clarify that the views expressed in the email are those of the sender and not the organization in order to reduce the risk of legal claims. They can also limit legal responsibility for unintended damages, such as those caused by reliance on incorrect information or inadvertent email viruses.
These disclaimers are particularly relevant for businesses in which employees regularly send external communications, for example on marketing and customer support teams, or for organizations that operate in the professional services sector.
Liability email disclaimer example
You can adapt the following liability email disclaimer template to fit your organization’s specific needs. Be sure that it aligns with the legal requirements in your jurisdiction and reflects your business operations before adding it to your company’s email signatures.
The information in this email is provided “as is” and without any warranties. [Your Company Name] accepts no liability for any errors, omissions, or damage caused by reliance on the information contained in this email. The views expressed are solely those of the author and may not reflect the views of [Your Company Name]. Recipients are advised to verify the accuracy of the information before acting on it.
Newsletter disclaimers
Newsletter disclaimers help maintain transparency with recipients and achieve email marketing compliance. These notices often include information about the sender’s identity, the purpose of the email, and instructions on how recipients can opt out of future communications.
Newsletter disclaimers are particularly relevant for businesses sending newsletters to subscribers across regions governed by anti-spam laws, such as the Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM) in the US, the GDPR in Europe, or the Canadian Anti-Spam Law (CASL) in Canada.
By clearly stating the sender’s obligations and providing unsubscribe options, email newsletter disclaimers help businesses adhere to email marketing best practices to protect them against legal risks and build trust with their audience.
Newsletter disclaimer example
This email newsletter disclaimer template can be adapted to suit your organization’s specific operational and legal needs:
This email was sent by [Your Company Name], located at [Your Company Address]. You are receiving this email because you opted in to receive updates from us. If you no longer wish to receive these emails or if you want to manage how many emails you receive, you can do so at any time by clicking one of the links below. For more information on how we handle your data, please review our privacy policy.
Security email disclaimers
Security email disclaimers warn recipients about potential risks associated with email communication, such as unauthorized access, data breaches, or the presence of viruses in attachments. Therefore, they are particularly important for organizations that handle sensitive information or operate in highly regulated industries like finance, healthcare, and legal services.
These notices often advise recipients to verify the authenticity of the email and scan any attachments before opening them. While they can’t prevent security threats, security disclaimers demonstrate that the email sender has taken proactive steps to warn recipients, which helps build confidence among customers and mitigate liability in the event of a security incident.
Security email disclaimer example
Here’s a template for a security email disclaimer that you can adjust to ensure it complies with the legal requirements in the countries or regions where your recipients are located:
This email and any attachments may contain confidential or sensitive information. While [Your Company Name] takes precautions to secure its communications, we cannot guarantee that emails are free from unauthorized access, viruses, or other vulnerabilities. Recipients are advised to verify the authenticity of this email and scan attachments before opening. [Your Company Name] accepts no liability for any damages resulting from email transmission errors or security breaches.
GDPR email disclaimers
Businesses operating in or communicating with customers in the EU must use GDPR email disclaimers to demonstrate that they’re making a concerted effort to comply with this stringent data privacy law.
These disclaimers typically highlight the organization’s data processing practices and inform recipients of their rights, such as the right to access, modify, or delete their personal data. They are particularly important in industries that handle large amounts of personal data, such as ecommerce, healthcare, and marketing.
While a GDPR disclaimer doesn’t ensure full compliance on its own, it reinforces transparency and demonstrates the organization’s commitment to protecting user data and privacy.
GDPR email disclaimer example
Customize the following text to inform email recipients of your GDPR compliance efforts. Keep in mind that GDPR compliance relies on obtaining informed consent and enabling individuals to access, modify, or delete their personal data, so posting this disclaimer alone will not ensure that your business fully adheres to the requirements of this regulation.
This email and any attached documents may contain personal data. [Your Company Name] processes this data in accordance with the General Data Protection Regulation (GDPR). You have the right to access, modify, or delete your personal data at any time. For more information about how we handle your data, please review our privacy policy [privacy policy link] or contact us at [email address]. If you received this email in error, please delete it and notify the sender immediately.
HIPAA disclaimers
HIPAA protects the privacy of individuals in the US and their healthcare data as it is created, received, maintained, or transmitted. HIPAA disclaimers are essential for organizations in the healthcare and health insurance industries that need to comply with US law.
These notices must emphasize that the email may contain protected health information (PHI) and is intended only for the authorized recipient. They often advise unintended recipients to notify the sender and delete the message to avoid privacy violations.
HIPAA disclaimers help mitigate risks of accidental disclosures and demonstrate your organization’s efforts to safeguard sensitive health data. While they don’t guarantee compliance, they are a critical component of protecting patient privacy and reducing potential liability.
HIPAA disclaimer example
Below is a template for an email disclaimer that can be HIPAA-compliant, and that you can customize to suit your organization’s specific requirements:
This email and any attachments may contain protected health information (PHI) and are intended solely for the use of the authorized recipient. Unauthorized access, use, or disclosure of this email is strictly prohibited under the Health Insurance Portability and Accountability Act (HIPAA). If you are not the intended recipient, please notify the sender immediately, delete this email, and refrain from disclosing or using its contents. For more information about our privacy practices, please contact us at [email address].
Achieve compliance with your emails, website, and marketing efforts
Email disclaimers, whether they outline confidentiality expectations or security risks, play a vital role in limiting your legal liability. They also increase transparency with your audience and position your brand as one that customers can trust.
Beyond adding these notices to your outbound emails, you can further build customer trust by adding prominent consent notices to your website, like a clear cookie banner and a detailed privacy policy.
That’s where Usercentrics comes in. With a robust consent management platform (CMP) and expert advice, we empower you to uphold data privacy and build trust with your customers.