What is a Fax and Email Disclaimer?
A Fax and Email Disclaimer is the paragraph we often see at the bottom of emails and faxes.
Since the evolution and rapid increase of electronic communications, it has become crucial to protect confidential information from becoming “viral” or unlawfully distributed.
The Fax and Email Disclaimer give notice to the recipient of the fax or email that the information contained within is confidential and protected by law.
How Does a Fax and Email Disclaimer protect you? Or does it?
You are protected by law. The Fax and Email disclaimer cites the Electronic Communications Privacy Act (ECPA). This law protects electronic communications while in transit, and confidential communications held in electronic storage, most notably messages stored on computers.
Citing the ECPA within your Fax or Email Disclaimer protects you by giving stern notice that the information is confidential, and strictly protected by the ECPA. It also serves as a strong deterrent; if the recipient is not the intended receiver of the fax or email, and disseminates the confidential information, they could be subject to civil or criminal action.
FREE EMAIL DISCLAIMER
CONFIDENTIALITY NOTICE:
This e-mail message including any attachments of any type are covered by the Electronic Communications Privacy Act, is confidential and may include legally protected information. If you are not the intended recipient or you have received this e-mail message by mistake, printing, copying, storing or disseminating in any way is prohibited and do doing so could subject you to civil and or criminal action. Please notify the sender you have received this e-mail by mistake and delete all information contained in and attached to this email.
Click Here to Download a Free Fax and Email Disclaimer
FREE FAX DISCLAIMER
CONFIDENTIALITY NOTICE:
This facsimile message is covered by the Electronic Communications Privacy Act, is confidential and may include legally protected information. If you are not the intended recipient or you have received this facsimile by mistake, printing, copying, storing or disseminating in any way is strictly prohibited and doing so could subject you to civil and or criminal action. Please notify the sender by telephone you have received this facsimile by mistake and delete all information you received.
All this sounds good; however, the reality is that if you inadvertently send your email or fax to the wrong person, it is unlikely you will be able to enforce these types of confidentiality notices.
Click Here to see what the American Bar Association had to say about confidentiality notices in emails.