The short answer is that like any other means of communication email can be abused and there are legal risks for the institution that provides it. These risks can be minimised by strict enforcement of an Acceptable email use policy, for example, (discussed below). In addition there are mandatory requirements (discussed below) which apply to certain emails of the institution. If your institution is a JANET user (http://www.ja.net/) then adherence to the JANET Acceptable Use Policy is required - http://www.ja.net/company/policies/janet-aup.html. Information on retention of email identification information is available on the JANET website at - http://www.ja.net/services/csirt/security-advice/keeping-logs-of-network-activity/.
Email disclaimers
E mail disclaimers can be designed to attempt to limit the sender institution's liability for the content of a message. However, if someone is defamed by an email or is discriminated against or the email is racist or sexist a disclaimer will not make the offence disappear. At best it may be possible to demonstrate that an attempt was made to limit the damage by warning that the content should not be copied, forwarded, disclosed, or relied on or otherwise used or any part of it in any way. Often the forwarding of the email causes further damage by exposing the offence widely. In addition, indicating that any representations, contractual or otherwise, views or opinions presented are solely those of the author and do not necessarily represent those of the university may help to protect the institution should a user abuse someone by email. Indicating that, where appropriate, the content is confidential and if it is received in error that it should be clear to the person receiving the correspondence that the material is confidential and that they should treat it as such may help to protect the institution. Whether in fact this binds the unintended receiver and places them in a relationship of confidence is a debateable matter where opinions differ. An article from the year 2000 by Simon Halberstam on the 'Weblaw' website entitled "The Legal Position of E-mail Disclaimers" discusses the effectiveness of these disclaimers and is available at - http://www.weblaw.co.uk/artemail.php.
"...The value of disclaimers is limited, since the courts normally attach more weight to the substantive content of the communication and the circumstances in which it is made than to any disclaimer. ..."
Also the information on the Manchester Metropolitan University website concerning their use of an 'Email Disclaimer' is available here - http://www.isu.mmu.ac.uk/general/faqs/email-disclaimers-faq.shtml.
"... To this end, Directorate has approved a policy requiring that all external e-mails sent by staff of the University carry a disclaimer explaining the legal aspects of the message. The legal value of such disclaimers is yet to be tested in court, but the best opinion available is that they can only strengthen the University's position in the event of any dispute...."
Templates
Some of the clearest information on disclaimers is available on the 'Business Link' website which is primarily funded by the UK Department of Trade and Industry - http://www.businesslink.gov.uk. At that location there is an "Acceptable email use policy - sample template" which can be downloaded and could be adapted to suit specific needs - http://www.businesslink.gov.uk/bdotg/action/detail?r.l1=1073861197&r.l3=1076141950&r.t=RESOURCES&type=RESOURCES&itemId=1076142227&r.i=1076142180&r.l2=1075425686&r.s=m.
The information on the OUT-LAW website at - http://www.out-law.com/page-5536 - entitled "Email notices and email footers". May also be of benefit. Specifically, it states that there is no legal authority on the effectiveness of these notices in email messages but that is not to say that they should not be used, provided care is taken in drafting them. The disclaimer and the confidentiality notice are intended to serve different purposes, and ideally should be separated. Business emails are required to include certain mandatory information. Mandatory information if your business is a private or public limited company or a Limited Liability Partnership, the Companies Act 1985 requires all of your business emails (and your letterhead and order forms) to include the following details in legible characters:
* Your company registration number;
* Your place of registration (e.g. Scotland or England & Wales); and
* Your registered office address
This information should also appear on your company's website (and for an overview of other information that is required on a website, see our guide to the UK's E-commerce Regulations). Failure to comply with these requirements puts a company at risk of a fine. The duty has existed for business letters for many years. But some people were unsure whether this duty extended to email communication. Any doubt was removed by an amendment to the Companies Act 1985 that took effect on 1st January 2007. Not all emails will be relevant to your business but most companies will find it easier to add the information to all outgoing emails, including those messages that forward or reply to a third party's email. For avoidance of doubt, these details are not required of sole traders or standard partnerships.