The complete guide to email disclaimer UK laws

Within the UK, it’s still important for companies to use email disclaimers to protect against corporate damages or other liabilities. In fact, they are seen by some to be as legally binding as any other electronic signature. 

An example of this was where an email signature block was deemed legally binding in the UK High Court regarding a land sale in northern England. In the end, it cost a land seller £25,000. If an appropriate email disclaimer had been located at the bottom of the message, this would not have occurred. 

Read on to find out more about the email disclaimer UK laws and how you can go about making sure you’re covered. 

The UK Companies Act 1985 

The UK Companies Act 1985 is a key piece of UK company law, setting out essential rules for the registration, management, and compliance of businesses. This law plays a crucial role in ensuring that companies operate transparently and maintain accurate financial records.

What does the Companies Act 1985 require?

Under the Companies Act 1985, all businesses are required to maintain proper accounting records. These records must:

• Accurately show and explain the company’s financial transactions.

• Provide a clear picture of the company’s financial position at any given time.

• Allow directors to ensure that financial statements, such as the balance sheet and profit and loss account, comply with legal requirements.

Where and how long should accounting records be kept?

According to the Act:

• Accounting records must be stored at the company’s registered office or another location chosen by the directors.

• The records must remain accessible to the company’s officers at all times.

In terms of retention:

• Private companies must keep their records for at least 3 years.

• Public companies are required to retain accounting records for 6 years.

Why compliance with the Companies Act 1985 matters

Compliance with the UK Companies Act 1985 is essential for businesses to operate legally and maintain trust with stakeholders. Proper record-keeping not only ensures legal compliance but also supports better financial management and transparency.

Understanding and following the requirements of the Companies Act is a must for businesses of all sizes in the UK. By adhering to these guidelines, companies can avoid penalties and maintain smooth operations.

The UK Companies Act 2006 (amended 2007) 

The UK Companies Act 2006 (amended in 2007) introduced important legal requirements for businesses, especially regarding email disclaimers and company communications. This legislation came into effect on January 1, 2007, as part of the EU Directive 2003/58/EC, which impacted UK laws while the UK was part of the European Union.

If your business is a private or public limited company or a Limited Liability Partnership (LLP), the Act requires specific information to be included in your email disclaimers, as well as on your company’s website, letterhead, and order forms. These details must be presented clearly and legibly.

What to include in your UK email disclaimer

To comply with the Companies Act, your email disclaimer must include:

• The company’s registered name (e.g., ABC Ltd).

• The registered office address.

• The place of registration (e.g., England & Wales or Scotland).

These details are mandatory for all businesses under the Companies Act, ensuring transparency in communications.

Why email disclaimers are important

Not including an email disclaimer can result in penalties. Trading Standards enforces compliance, with fines for non-compliance starting at £1,000. Continued breaches can incur additional fines of £300 per day.

Email disclaimers can also protect your company in legal disputes. If email content disclosure leads to a conflict, it can be argued in court that the recipient was aware the information was confidential.

Example UK email disclaimer 

The General Data Protection Regulation (EU) 2016/679 

The General Data Protection Regulation (GDPR), officially known as EU Regulation 2016/679, is one of the strictest and most comprehensive data privacy laws in the world. GDPR applies to any business that processes the personal data of individuals in the European Union (EU) or European Economic Area (EEA), regardless of where the business is located.

Introduced on May 25, 2018, GDPR aims to enhance data privacy and give individuals greater control over their personal information. Even after Brexit, the UK adopted GDPR into its legal framework, ensuring continued compliance with these data protection standards.

What does GDPR say about email disclaimers?

Unlike some other regulations, GDPR does not set specific rules for email disclaimers. However, adding a GDPR-compliant email disclaimer can demonstrate your organization’s commitment to data protection and transparency.

How to make your emails GDPR-compliant

1. Include a GDPR email disclaimer

Your email disclaimer is a great place to show that your company complies with GDPR. You can include a brief statement in your email footer and provide a link to your privacy policy. This helps recipients understand how their personal data is handled and processed in line with GDPR requirements.

2. Add unsubscribe links

For marketing emails or newsletters, including an unsubscribe link is essential. It allows recipients to opt out from future communications easily, which aligns with GDPR’s focus on consent and user control.

However, for transactional emails or emails where consent is implied (e.g., responding to a quote request), unsubscribe links may not be necessary.

The Financial Services Act 2012 

The Financial Services Act 2012 was introduced to reform financial regulation in the UK, ensuring stronger oversight and protecting the economy from future crises like the 2008 recession. This legislation replaced the Financial Services Authority (FSA) with two new regulatory bodies: the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). Together, these regulators work alongside the Financial Policy Committee within the Bank of England. The new regulatory framework officially took effect on April 1, 2013.

The Financial Services Act focuses on combating market manipulation, addressing misleading statements, and creating a more robust financial system. It modernized outdated regulations and aimed to restore trust in the UK’s financial sector.

While the Act doesn’t specifically mention email disclaimers, it does provide guidance on record retention. For example, under money laundering regulations, businesses are required to retain records related to transactions, reports, and unacted information for a minimum of five years. Proper record-keeping is essential for businesses to comply with this law and demonstrate transparency in financial matters. 

How Exclaimer lets companies comply with UK email disclaimer law

Exclaimer offers an easy way to stay compliant with UK email disclaimer laws. By managing email signatures and disclaimers in one place, it helps businesses ensure all outgoing emails are consistent and meet legal requirements. This includes adding necessary details like company registration information and liability disclaimers.

With Exclaimer, businesses can easily customize and apply standardized disclaimers to all emails, ensuring they adhere to the legal requirements set out in the Companies Act 2006 and other relevant UK regulations. The platform allows for dynamic updates, which means any changes to legal wording or guidelines can be implemented organization-wide in minutes, reducing the risk of non-compliance.

Find out how Exclaimer can support your legal compliance and start a free trial today.