Many people know that sickening feeling that comes when they realize they just hit send on an email intended for someone else. It’s not only embarrassing; it can disclose confidential information and be devastating for business.
That’s why more and more companies now include disclaimers in their emails. While legal experts question whether they’re legally effective, many of those same experts use them anyway as a precaution. Additionally, some laws, such as HIPAA (Health Insurance Portability Accountability Act), require them.
Disclaimers most frequently are created to help protect companies against confidentiality breaches, damages from transmitting viruses and actions of employees.
"The primary benefit of email disclaimers is to lessen the risk of lawsuits," said attorney Greg Bonney. "The mere presence of a disclaimer can serve as a deterrent."
Nevertheless, Bonney noted, disclaimers may provide some real protection if a business is sued. "Disclaimers can help show a business is taking reasonable steps to lessen the impact of an unintentional disclosure and in some cases could actually limit a company’s liability in a lawsuit," he said.
Johns, Flaherty & Collins. For a La Crosse business lawyer, call us at 608-784-5678.