Legal Question in Technology Law in Australia

Email Disclaimers

It is common these days for email messages to contain a disclosure notice, which may include statements such as:

• You must read the notice

• The views expressed in the accompanying email are not necessarily those of the company

• The email and any attachments should be checked for viruses.

Do these notices carry any legal force?


Asked on 10/12/07, 2:20 am

1 Answer from Attorneys

Re: Email Disclaimers

Most of them don't. I wrote about this issue at http://www.ilaw.com.au/public/netlaw36.html. At most, they raise a weak but rebuttable presumption as to the truth of the statement, for example that the email is confidential or that it doesn't represent the company's views. The line about checking the attachments for viruses would also give the sender some protection from liability for negligence, assuming that a court would otherwise find a company negligent for carelessly sending out virus-infected attachments.

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Answered on 10/12/07, 3:21 am


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