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.
Stay Legal with Global Email Disclaimer Laws
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:
Please be advised that the content presented on this page is intended solely for informational purposes and should not be interpreted as legal advice. Laws and regulations are subject to change and may vary depending on jurisdiction; therefore, for legal advice tailored to your specific circumstances, we recommend that you consult with a qualified, licensed attorney. While WiseStamp endeavors to ensure the accuracy and completeness of the information provided on this page, we make no warranties or representations as to its reliability, accuracy, or completeness. WiseStamp shall not be held responsible or liable for any errors, omissions, or any losses, injuries, or damages arising from the display or use of this information.
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.
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.
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.
*Please be advised that the content presented on this page is intended solely for informational purposes and should not be interpreted as legal advice. Laws and regulations are subject to change and may vary depending on jurisdiction; therefore, for legal advice tailored to your specific circumstances, we recommend that you consult with a qualified, licensed attorney. While WiseStamp endeavors to ensure the accuracy and completeness of the information provided on this page, we make no warranties or representations as to its reliability, accuracy, or completeness. WiseStamp shall not be held responsible or liable for any errors, omissions, or any losses, injuries, or damages arising from the display or use of this information.