Free email disclaimer templates (Australia)

Protect your business’s communications with an email disclaimer.

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You might tend to avoid scrolling down to the standard email disclaimer you find at the bottom of corporate messages, finding it irrelevant and full of jargon. However, if you have started your own business you'll need to decide whether to use one and, if so, what it should say.

To make things easier for you, we've put together a simple guide to the different types of email disclaimer and where to find a free template that you can tailor to your needs.

What is an email disclaimer?

An email disclaimer is a notice placed at the end of a business's outgoing emails to protect it from unintended use of the content. As a business is legally responsible for information contained in emails sent from its domain, an email disclaimer can help to reduce legal risk. See the sample below from Lawpath for an example of an email disclaimer.

lawpath email disclaimer template

Download this email disclaimer template at Lawpath

When should I use an email disclaimer?

When you're ready to start sending messages from your business's email domain, you should set up an email disclaimer to be automatically added at the end of all your communications. You can do this in the settings of your email account or software program.

What does an email disclaimer include and not include?

The type of email disclaimer you use and what you include in it depends on the type of business you're running. There are six main types of disclaimer targeting different uses of the information that the emails contain:

  • Establishing confidentiality
  • Claiming copyright/appropriate use of information
  • Confirming adherence to regulations such as privacy laws
  • Limiting liability for employee statements
  • Rejecting liability for viruses
  • Disclaiming unintended contract formation

What is included in an email disclaimer?

In addition to the information disclaiming liability for the content of the email, you may want to include a few other pieces of information to protect your company. Providing your company's contact information makes it convenient for recipients to get in touch with you. Placing an unsubscribe link in marketing emails allows customers to opt out of your mailing list. Listing terms and conditions, for example for a special offer for your products, clarifies your intentions and avoids misunderstanding.

What is not included in an email disclaimer?

There's no need to cover all six types of disclaimer in a single block of text, This would resemble a small novel and would guarantee your recipients skip over it. Pick the areas that are most relevant to your business. If you do need to include a lot of detail, to keep the email disclaimer short you can provide a link to a longer version hosted somewhere on your company website.

How effective is an email disclaimer?

There is a vigorous debate about whether using an email disclaimer is necessary. Most people never scroll down to the bottom of the email to read them, so there is a question about their effectiveness in preventing improper use of their content.

In some countries, such as the US, UK, and European Union, companies are required by law to include an email disclaimer in all their communications. However, in Australia, while email disclaimers are considered to be best practice, they are not a legal requirement.

The statements laid out in a disclaimer are not necessarily legally binding and a court is likely to focus on the content of an email rather than the wording of the disclaimer. Yet, they may deter someone from taking legal action against your company in the first place.

Do I need a lawyer for an email disclaimer?

You do not need a lawyer to write an effective email disclaimer, especially because it is not a legally binding statement. Depending on the type of work your company does, you may choose to have a lawyer look over the text for you and give you tailored advice. If you do want to engage a lawyer, compare the online services below.

Get access to customisable email disclaimer templates online

Name Product Legal document services available Free legal documents available? Other legal services offered Price Document library size
Lawpath
Customisable document templates
You can view samples for free and you can create your first document for free.
Online document eSignatures, lawyer marketplace, on-demand legal advice, business setup services
$288 per year for unlimited documents
300+
Customise and download up to 300 legal documents for business or personal matters. Plus register a company, business name or ABN.
LawDepot
Customisable document templates
Free one week trial available which gives access to hundreds of documents.
Free legal articles and resources
$59.88 per year for unlimited documents or one-off documents available for $9.50 - $49
150+
Customise and download legal documents in as little as five minutes. Plus, LawDepot offers peace of mind with two service guarantees.
Legal123
Customisable document templates
No
Custom legal services available, free law change updates via email, legal packages for various professions
Individual templates start from $59 + GST
Legal123 offers a range of individual templates or document packages for consultants, app developers, personal trainers and more.
LegalVision
Customisable document templates & professionally drafted documents
No
Legal advice phone consultations, contract reviewing and amendments, trade mark applications, business structure assistance.
From $49 + GST per week for access to 40+ legal templates
40+
Take advantage of unlimited legal advice consultations, free legal templates and fast turnaround times for legal projects with LegalVision membership.
Law Central
Customisable document templates
You can view samples and create your own document for free with the Silver membership.
Legal advice specialised on commercial and estate planning
Between $18 - $625 per document.
~100
Law Central offers a large number of legal templates for super, trusts, estate planning, employment and commercial uses.
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Compare up to 4 providers

How do I write an email disclaimer?

As outlined above, the way you write your email disclaimer will depend on what is most important for your business. For example, if you regularly communicate with customers by email, you may want to include wording that makes it clear the content of an email discussion does not constitute a contract. If you are communicating sensitive information, you may want to prominently feature a statement about confidentiality.

To keep it short, try to use language that covers a number of different scenarios. You can opt to use a template like those listed below to help you structure your disclaimer if you are not sure about how to write it.

If you're looking for inspiration on what to include in your email disclaimer and how to word it without getting tangled up in legal jargon, you can find a template on these legal websites to help you get started:

  • Lawpath. Lawpath is an online legal resource for small businesses and entrepreneurs. You can download free samples from its website but you must register an account to customise them.
  • LegalVision. LegalVision offers unlimited use of its document templates for a monthly membership fee of $199. You can download an email disclaimer template for free if you fill in a questionnaire about your business.
  • Wonder.Legal. Wonder.Legal offers more than 140 document templates that you can purchase for a one-time fee. Or you can download a customisable email disclaimer template for free.
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