Email Disclaimer Guide With 12 Templates & Examples

An email disclaimer is a statement in the footer of emails that sets legal guidelines addressing data protection, confidentiality, and other liabilities.

Using an email disclaimer helps your business:

• Fulfill legal requirements,
• Protect your company from lawsuits, and
• Provide instructions for what to do if the email has reached the wrong person.

Read on to learn more about email disclaimers and when and how to use them.

Table of Contents

1. What Is an Email Disclaimer?
2. When Should I Use an Email Disclaimer?
3. Types of Email Disclaimers With Examples & Templates
4. What Are The Benefits of Email Disclaimers?
5. How Do You Write an Email Disclaimer?
6. What Are The Limitations of Email Disclaimers?
7. Frequently Asked Questions About Email Disclaimers

What Is an Email Disclaimer?

An email disclaimer is a short paragraph included with an email to inform the recipient of their rights or obligations regarding the information in the email.

They help exempt the sender from liability if the information in the email is used incorrectly.

Here’s a quick example of an email disclaimer (we show you more below):

Email disclaimers don’t fully exempt you and your company from all liability. But they can help fulfill some legal requirements.

They also offer protection in conjunction with other measures you need to take.

Following email best practices may also help you in terms of maintaining high email deliverability for subsequent emails you send.

Do Email Disclaimers Offer Legal Protection?

Email disclaimers offer some legal protection.

Usually, email senders create disclaimers to protect themselves. But in some cases, they may offer protection for the recipient too.

For example, a disclaimer might protect both the sender and the recipient if an email containing confidential data gets sent to the wrong email address.

Let’s take a closer look at a few of the most common forms of legally protected information and how email disclaimers come into play.

HIPAA-Protected Information

Full compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires several specific measures to ensure that the security of patients’ health information, including their medical history.

These include end-to-end encryption and storage of patient emails with sensitive data in dedicated servers.

Having a disclaimer can also protect the sender if they accidentally send an email containing patient health information to the wrong address.

Adding a confidentiality disclaimer is not enough to make your email HIPAA compliant. It is just one part of the compliance process.

Client Confidentiality

Lawyers and psychological therapists are bound by rules specific to their professions not to share what their clients tell them with any third parties unless the client agrees.

In this case, an email disclaimer is not enough to gain permission for sharing client information with third parties. The client needs to expressly agree to what information and with whom it will be shared.

It is a best practice for lawyers and therapists to include an informative disclaimer advising clients to use caution when sending confidential information via email.

What Can’t an Email Disclaimer Do?

Email disclaimers have limitations. You can’t just write anything you want in your as a disclaimer in the footer of your emails and expect it to be legally binding.

Your email disclaimer must follow any and all applicable laws, and to be considered ‘legally binding’ by most courts, you may need to obtain explicit consent from recipients and prove they read and agreed to all of your terms.

Do I Need an Email Disclaimer?

When Should I Use an Email Disclaimer?

You should use an email disclaimer if you:

1. Target consumers in Europe,
2. Target consumers in the U.S.,
3. Work in healthcare of health insurance.
4. Send automated emails to recipients in other parts of the world,
5. Send or receive emails that give you access to confidential information.

Here’s why.

Businesses Targeting Consumers in Europe

The General Data Protection Regulation (GDPR) is designed to protect people’s personal data in Europe and contains several specific requirements for businesses that handle consumer information.

Including a privacy disclaimer in emails can help reassure consumers that your company’s policies are in line with the GDPR. This also helps them feel more confident entrusting you with their personal data.

Any business that offers goods or services to people residing in Europe must comply with the GDPR.

To be safe, a privacy disclaimer should be included with all email communications that originate from your company’s official email account that may be sent to someone residing in the protected areas of Europe.

Businesses Targeting Consumers in U.S. States

There are now several US States with consumer data protection laws. If you send emails to people in those locations, it’s important to also include an email disclaimer with a link to your privacy policy.

Make sure that any data collected through email channels or otherwise is handled in accordance with the state regulations.

Though each law slightly differs in terms of what types of businesses are covered and the requirments to protect consumer data, they share some similarities.

• They all require that businesses make consumers aware of their privacy policy. One effective way of accomplishing this is to include a disclaimer in the signature of every email that is sent to potential customers and clients.
• They all carry substantial punishments for non-compliance, including fines and even loss or suspension of business license in some cases.

Be sure to include a link to your privacy policy in the email disclaimer for any marketing and promotional materials that may reach people in protected states.

Healthcare and Health Insurance Industry Workers

Anyone who handles medical history, medical records, or other patient health data needs to be very sure they are compliant with HIPAA regulations for sending sensitive patient information via email.

This includes people in many industries and professions, from doctors, nurses, psychiatrists, and pharmacists to insurance agents, brokerages, and administrative assistants.

To be HIPAA compliant, emails containing patient health information need to be protected by security measures such as end-to-end encryption.

Willful violations of HIPAA can result in fines of up to $1.5 million and even jail time. The severity of the punishment for a HIPAA infraction is based upon the level of negligence involved.

Automated Emails and Newsletters in Canada, Australia, the United States, and Europe

Anti-spam laws in Canada and Australia require that any newsletters or other correspondence sent to multiple customers via email must include an unsubscribe option as part of the email signature disclaimer.

Any business operating in Canada or Australia or sending emails to Canadian or Australian residents must follow this regulation. Failure to do so can result in fines of up to 10 million Canadian dollars or 1.7 million Australian dollars.

Since the US and European Union member countries also require an unsubscribe or opt-out option in addition to their consumer data privacy protection laws, it is safe to say that any company operating internationally or sending mass emails or newsletters needs an unsubscribe disclaimer.

Professional Services That Have Access to Confidential Information

Any time you send confidential information by email, a confidentiality email disclaimer should be included to protect the sender from potential litigation in the event that the email is mistakenly sent to the wrong email address.

Data that could be used to identify a person, aside from their name, may be considered confidential info, including:

• Bank account information,
• Date of birth,
• Home address,
• Social security number or tax identification number,
• Medical history, and
• Other identifying information.

Types of Email Disclaimers With Examples & Templates

Below, I walk you through the following most common types of email disclaimers and provide examples to help you make your own:

1. Confidentiality email disclaimer
2. Privileged and confidential email disclaimer
3. External email disclaimer
4. Virus transmission email disclaimer
5. Unsubscribe email disclaimer
6. Opinion email disclaimer
7. Email legal example
8. Environmentally conscience email disclaimer
9. HIPAA email disclaimer
10. GDPR-compliant email disclaimer

Confidentiality Email Disclaimer Examples

These should be included when the email contains information that could be used to identify a person, such as:

• Bank account information,
• Social security number,
• Address, or
• Taxpayer-identification number.

Here is are two examples of an email confidentiality disclaimer.

Example 1: 

Example 2:

Privileged and Confidential Email Disclaimer Sample

In professions where people have a reasonable expectation that the information they share will be confidential, an email disclaimer should always be used during digital communications.

A higher degree of care needs to be taken to ensure the client’s right to privacy is being respected.

This disclaimer should be placed at the top of your email rather than the footer.

Affected professions include:

• Lawyers,
• Psychological health professionals,
• Life coaches,
• Religious authorities, and
• Spiritual advisors.

Here is an example of a privileged and confidential information email disclaimer:

External Email Disclaimer Examples

External email disclaimers are used to alert the recipient that an email is coming from outside of their email system.

For example, it might be automatically included in emails that originate outside of the recipient’s hospital, university, or company.

Here are two examples of an external email disclaimer.

Example 1:

Example 2:

Virus Transmission Email Disclaimer Sample

The purpose of virus transmission disclaimers is to protect the sender from liability if malware is somehow transmitted along with the email.

These are useful for marketing materials or newsletters that contain links to various outside sources.

Here is an example of a virus transmission email disclaimer:

Unsubscribe Email Disclaimer Sample

Many countries’ anti-spam legislation, including the US, Canada, and European Union member countries, specifies that newsletters and other types of marketing materials that are sent en masse via email must include an opt-out or unsubscribe option as a clickable link.

This is usually included in the email footer or signature along with other required information, such as the company’s mailing address and legally registered name.

Here is an example of an unsubscribe email disclaimer:

Opinion Email Disclaimer Sample

This type of email disclaimer is useful for newsletters or in any email in which individual employees are expressing opinions that could potentially be seen as offensive or controversial.

They are intended to protect the company from being sued or from receiving negative attention from the press.

Here is an example of an opinion email disclaimer:

Email Legal Disclaimer Examples

“Legal disclaimer” is an umbrella term that covers most types of email disclaimers designed to help the sender avoid litigation.

They can also be used to inform the recipient that the information in the email does not create a legally binding contract with the company.

For example, legal disclaimers are often used by employers when discussing a job position with a potential candidate.

Here are two examples of a legal email disclaimer.

Example 1:

Example 2:

Environmentally-Conscious Email Disclaimer Sample

To show that your company values ecological responsibility, you may choose to include a disclaimer about conserving resources whenever possible.

Here is an example of an environmentally-conscious email disclaimer:

HIPAA Email Disclaimer Sample

HIPAA is a series of laws that regulate how people’s medical information is handled digitally. It is important to reiterate that including a HIPAA email disclaimer is not enough in itself to ensure full compliance with HIPAA.

HIPAA medical disclaimers need to address the following points:

• That no email is 100% secure;
• That the email may contain personal or confidential information and is intended only for the recipient named in the email; and
• That there are legal consequences for using or distributing other people’s medical information without their consent.

Here is an example of a HIPPA email disclaimer:

GDPR-compliant Email Disclaimer Sample

Any email that might reach a resident of the European Union or the European Economic Area should contain a disclaimer.

A GDPR-compliant email disclaimer should include a link to the company’s privacy policy and inform the recipient of some of their rights as a consumer.

Here is an example of a GDPR-compliant email disclaimer:

What Are The Benefits of Email Disclaimers?

As with other types of disclaimers, using email disclaimers helps protect your business.

When used correctly, they can potentially save your company millions of dollars in fines and legal fees. They also help your customers and clients feel secure that your company will protect their data.

Email disclaimers can even be an opportunity to showcase your company’s values and portray a more trustworthy and responsible image.

What Are The Risks of Not Using an Email Disclaimer?

Failing to use email disclaimers well may result in massive fines for non-compliance with online data protection regulations.

Not including an email disclaimer is a mistake that could leave your company and its management open to being sued.

For example, without a confidentiality disclaimer, someone who receives an email not intended for them may not know what to do and could make the problem worse.

How Do You Write an Email Disclaimer?

When writing an email disclaimer, clarity is the name of the game. You want to convey the message without unnecessary jargon, or wordiness.

Use enough words to accurately get your point across, but not so many that the meaning of the disclaimer is lost in a block of tiny words that no one is going to read.

Consider how strongly you want to word the disclaimer; do you want to phrase it as a polite request or more of an order?

As always, seeking expert advice is strongly recommended when dealing with anything that might have legal or financial consequences for your company and its representatives.

The current state of the laws regulating the security and privacy of online data is ever-shifting. Keeping your company’s policies up to date benefits your bottom line and your customers.

Email disclaimers are important to ensure all reasonable steps are taken to protect confidential information.

It can also help protect your company from legal penalties. Email disclaimers don’t do any harm, and they keep your legal team happy.

What Are The Limitations of Email Disclaimers?

Email disclaimers are essential, but they cannot help your business fully meet legal requirements outlined by data privacy and consumer protection laws.

While having them may help align your site with the various obligations, you’ll need additional resources and tools to actually achieve compliance.

For example, you most likely also need an honest, accurate privacy policy, an updated cookie policy, and some for of a consent management tool or solution.

Think of email disclaimers as one small part that makes up your whole compliance journey.

You can use resources like Termly’s disclaimer generator to help you easily make email disclaimers and more for your business.

Frequently Asked Questions About Email Disclaimers

Learn more about email disclaimers by reading through the frequently asked questions below.

What is an example of a disclaimer in an email?

 

You can find typically find an example of an email disclaimer in the footer of most emails. Chances are high there are plenty of email disclaimers included in most of the emails in your inbox (especially if they’re marketing ones).

 

What is a good email disclaimer example?

 

Here is a good example of an email disclaimer that reminds recipients of their right to unsubscribe from recieving the notifications.

“You’re receiving this email because you subscribed to recieve updates from [COMPANY NAME]. If you no longer wish to recieve these emails, you can unsubscribe anytime by clicked this link. [LINK]”

Are email disclaimers legal?

 

Having an email disclaimer in the footer of marketing emails and other communications you send may help align your processes with applicable laws and regulations.

On a similar note, explicit consent to the terms must be obtained by the recipient for an email disclaimer to be considered legally binding.

More about the author

Written by Hanna De La Garza

Hanna De La Garza is a privacy writer at Termly with a Bachelor’s Degree in Journalism from the University of Florida. She creates engaging resources on data privacy, consent management, regulatory updates, and more.

More about the author

Reviewed by Masha Komnenic CIPP/E, CIPM, CIPT, FIP Director of Global Privacy