On 21 May 2016, at 10:07am, Cecil Westerhof <cldwesterhof at gmail.com> wrote:
> 2016-05-21 3:19 GMT+02:00 Kasajian, Kenneth < > Kenneth.Kasajian at schneider-electric.com>: > >> *** Confidentiality Notice: This e-mail, including any associated or >> attached files, is intended solely for the individual or entity to which it >> is addressed. This e-mail is confidential [snip] > > ?I would make sure that the above does not get send to mailing-lists. It is > quite annoying and does not serve any purpose. In the EU they have no effect. It was judged that it was an attempt to form a contract with the receiver of the email without any agreement from them. It can apply only if you've had a previous conversation where they agreed to keep the message secret. But it does do something under US law. It invalidates the text even on messages you /do/ want to be confidential. Because it states "this email is confidential" on a message which clearly isn't. The example used in court featured staff of the Public Relations department who used the same disclaimer as the rest of the company, and routinely sent out Press Releases and messages to the general public with no confidential information in. The judgement was that this showed that the company wasn't using that message only for confidential information, and that that contradicted the text in the message. So under US law the message may have some effect, but only if you use it only on messages that /do/ contain confidential information. If you use it for every message it means you don't mean it. I Am Not A Lawyer. If you want legal advice, consult a lawyer. Simon.
