It is well understood that email signatures should include certain legal information, but what exactly? Below we clarify what’s required in your signature to be compliant as well as the legal viability of disclaimers. Please note that the following applies in the UK only, other territories may have different rules and regulations.
Under the Companies Act 2006, private or public limited businesses are required to include in all email correspondence the following details:
- registered company name,
- registration number,
- country of registration,
- and registered office address.
A common practice is to append disclaimers to emails, which can include :
- Confidentiality statement — to state the email is to be read by the intended recipient(s) only, and that sharing its contents outside of the recipient(s) is forbidden.
- Security statement — to transfer liability to the recipient(s) to check for viruses, which can protect against the company being held responsible for damage caused by unintended viruses/malicious files.
- Employee liability statement — to disclaim liability for employees’ personal opinions in a professional context; a safety measure against the company being held responsible for personal viewpoints given unwarranted or inappropriately.
The real question is, what is the legal validity of these disclaimers? UK law does not hold email disclaimers as a legal requirement. However, they can be a beneficial measure to include. Within the UK, if a message is expressly or implicitly confidential, a recipient cannot disclose its contents or use it for a purpose unintended by the sender.
Therefore email disclaimers are not an obligation in the UK, but including such information on confidentiality and expectations of responsibility of the corresponding parties can prove admissible in the event of legal action.
So, in conclusion, don’t forget to include your legal company information in your signature. And you can add disclaimers if you feel it’s better to be safe than sorry.
Please note that this information does not constitute legal advice or legal opinions. You should not act or rely on it without first seeking the advice of a legal professional.