Email Disclaimers - Are They Legally Binding?
Email disclaimers have become the norm for many businesses and organisations. We all tend to overlook them - but are they legally binding?
The Electronic Transactions Act 2002, Section 8, validates all electronically transmitted data/information and gives it the same standing as a written document. Arguably therefore there is no reason, in theory, why a properly constructed email disclaimer could not be legally enforceable. To increase the likelihood of legal enforceability, the disclaimer must be worded appropriately and must be practical in the sense that it is 'sufficiently drawn to the attention of the recipient'. Things to consider are the text size, font and placement/format of the disclaimer in the email. Placing a disclaimer at the top of an email rather than at the bottom is perhaps a better alternative.
Disclaimers are unlikely to have legal force unless they contain confidentiality obligations. The inclusion of confidentiality and legally privileged clauses is therefore highly recommended as it gives the disclaimer more weight by placing the reader 'on notice'. In situations where sensitive information is sent to the wrong recipient, a court order can be sought either demanding the recipient delete the email and/or prohibiting publication.
“I have used Turner Hopkins for my legal services for over eight years. I have always found their level of service excellent and their work to a very high standard. I have used various lawyers at their firm for various businesses I have been involved with and have always had very positive experiences. I would highly recommend them.”
“Joy, we cannot thank you enough for your help with our purchase! You have been wonderful to deal with and so proactive (and patient with my numerous emails). We will be visiting NZ in April so will make sure we drop in to thank you in person.”
“I can't speak highly enough of Jenny. She got everything done in a timely manner and when my ex-husband threw a spanner in the works at the eleventh hour she got the required documentation to his lawyers and settlement back on track.”
“To Michael Robinson – I wanted to thank you and your colleagues for many years of excellent service to the Bank. You have an outstanding business that has proved to be one of the most reliable and ethical businesses that Collections have dealt with in the almost 9 years I was with the Bank.”
“I have struggled with different legal firms over the years, but over the past few years I have engaged with Turner Hopkins with various requirements from personal relating to wills, family trust, property settlements and contracts through to commercial engagements including employment advice, commercial lease agreements and general legal advice. I have engaged with a number of the people in the firm and always found them professional, punctual in their responses and very sound in the advice provided.”