Email Disclaimer: Briefing Note
Email Disclaimer
Bangor University has decided to adopt a standard email disclaimer for all internal and external emails, which sets out the legal implications of the email message. Any previous disclaimers should be replaced by the standard email disclaimer.
What emails should contain the Email Disclaimer?
All internal and external emails sent through the Bangor mail system. For example, name@bangor.ac.uk or variations of it such as name@informatics.bangor.ac.uk. If you are unsure, please contact Information Services.
Why is one required?
The informality and speed in which a person can write an email opens up the possibility of unintended outcomes, such as entering into a legal contract, adverse media coverage, embarrassment, or even legal action against the University. It is easy to write defamatory comments, which do not represent the views of the University.
It is important for the University to try to protect its interests from bad publicity and legal actions, especially where it has no control over all emails sent using a Bangor account. For example, it is so easy to send an email to the wrong person.
Furthermore, the implementation of the Freedom of Information Act 2000 means that emails may be subject to a FOI request.
What are the potential legal claims?
Legal recourse lies in breach of copyright, defamation, misrepresentation, breach of confidentiality and harassment to name but a few. There are cases of legal action being taken against the University because of the content of individual emails. Also, email attachments are a common way in which viruses are spread.
What is the legal effectiveness of the Email Disclaimer?
There is much debate as to whether or not a legal disclaimer can indeed limit a party’s liability or whether or not it actually increases it – and everyone seems to have their own views on the subject.
The general consensus seems to be that email disclaimers offer greater protection than email messages with no email disclaimer at all. The decision taken on behalf of the University is that the standard email disclaimer is to be used.
I want to bind Bangor University
Simply insert the following wording (or equivalent) to the body of the text of the email message:
“The contents of this email message are intended to be legally binding and I am authorised on behalf of Bangor University to make such offer”.
My system does not allow for the email disclaimer to be added automatically
The requirement to include the full email disclaimer rests with each member of staff who holds a Bangor email account, whether or not the email disclaimer is inserted automatically.
The Email Disclaimer is too long
The disclaimer is as short as it was felt possible. It is a requirement for it to be bilingual. It is not intended to be a piece of elegant prose – it is to deal with potential legal difficulties.
Why do we need it on internal email?
Legal claims relating to defamation, harassment and discrimination including sexual and/or racial can arise from the ill-use of the internal email system.
Deleted email
The Information Commissioner has indicated that a Freedom of Information request to disclose email messages can extend to a search on deleted email. Therefore, writing an inappropriate message and deleting it shortly afterwards offers no guaranteed protection.
Subsidiary Companies
All persons working within the University’s subsidiary companies using an email sent through the Bangor system, including but not limited to name@bangor.ac.uk should be using the standard email disclaimer.
Good email management
The best protection of individual members of the University is to engage in good email management. Great care should be taken when writing an email. Inappropriate comments are often made and regretted after they have been sent.
Remember – email messages are admissible in court proceedings, and must be produced if requested under the Freedom of Information Act.
Contact
If you have any further questions about the email disclaimer, please contact Gwenan Hine, Head of Compliance on extension 2413 or gwenan.hine@bangor.ac.uk