Email disclaimers are so ubiquitous these days, and so generic, as to appear meaningless.  Many companies use email disclaimers out of a sense of obligation but without really knowing what their disclaimer says or really means.  (Without looking, do you know what your disclaimer says?  Okay, go look now.  Do you know what it means?)

The fact, though, is that email disclaimers are enforceable and can protect you and your company from liability arising out of email correspondence.  To get that protection, however, your email disclaimer – like any well drafted legal document – should be tailored to your company’s specific needs, covering those areas of greatest legal exposure for your business.  Common disclaimers address confidentiality (and accidental breach of confidentiality), accidental transmission of viruses, prohibiting offers and acceptance (i.e. contracting) via email, negligent statements of employees, and reliance on price quotations.  You can even have specialized disclaimers for different departments within your company (e.g., the IT, accounting, and sales departments may all have different disclaimers depending on their needs).

Lastly, whatever your email disclaimer, make sure you abide by it.  An email disclaimer that prohibits an activity (say, contracting via email) becomes meaningless if you regularly engage in that activity.  The email disclaimer should not be used as mere formality but, rather, should be a statement of your company’s enforced policies.

–Matt