Email Disclaimers, Confidentiality And Legal Privilege

Because communication via email is becoming so commonplace, organizations are looking for ways to prevent the risks related to electronic correspondence, such as inadvertent misaddressing, interception and malicious dissemination. These risks are to be taken seriously when messages are confidential and/or privileged. Although not legally bulletproof, disclaimers offer some advantages that are worth exploring.

The following questions have been addressed in this article:

Should email be used for the communication of confidential information?
Can disclaimers guarantee the confidentiality of email?
What is a privileged communication?
What does a disclaimer on privilege say?
Can disclaimers guarantee that privileged communication remains privileged even when it is inadvertently disclosed?


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