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Advice on the format of emails

In response to the prevalence of the use of email communications, we would like to offer our clients some advice on how they can format their company's official emails to include confidentiality notices and disclaimers, and to comply with recent changes to the companies act.

Although not legally required, nor guaranteed to be legally effective, confidentiality notices and disclaimers are used by most companies to clearly state their position on these matters. Such notices can be a part of a company's email template, and are generally found at the bottom of the email, immediately following the authors signature.

The inclusion of the details of your company in business emails is a legal requirement, and must be effected in order to comply with the new statutory requirements.

Confidentiality notices

Confidentiality notices are included in order to stress the confidentiality of the contents of an email; this is particularly important in the event that the email is inadvertently sent to someone other than the intended recipient. Such a notice also makes it clear to the intended recipient that the contents of the email are intended for them only, and should not be shown, or forwarded, to any third party.

If the content of an email, or any of its attachments, are involved in a disclosure dispute, having a confidentiality notice clearly displayed within the email may be used as evidence on your behalf that the contents of the email should not have knowingly been disclosed.

Confidentiality notices work best when they are placed at the top of the email where they are the first piece of text to be read, but they are usually found at the end of the email. Generally, they take the form of a simple statement, such as:

This email and any files transmitted with it are private, confidential, and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify us and delete it from your system.

Email disclaimers

Disclaimers are generally placed so as to be the final piece of text. While a confidentiality notice is best practice for every business, the decision of whether or not to include a disclaimer notice is more complicated. Disclaimers can take many forms but are often either over-ambitious, or do not inspire confidence in your company's abilities. The exact content of a disclaimer will be contingent upon the nature of your business and what it is that you wish to disclaim.

Other information to be included in emails

It is a statutory requirement for a company to state its name, its place of registration, its registered number, and its registered office address on all business stationary. New provisions have been introduced by the new legislation governing companies in the United Kingdom, the Companies Act 2006, to extend this requirement to electronic correspondence.

In order to comply with the provisions of the new legislation, we recommend that you include the name, place of registration, registered number, and registered office address of your company in all of your business emails. This can be easily achieved by including these details in your company's email template, along with a confidentiality notice, and a disclaimer.

Added: 12/02/2007