The complete guide to email disclaimer laws in the United States
19 December 2024
0 min read
In today's digital age, email has become an indispensable tool for communication, especially for professional use. However, with the use of email and other digital tools becoming more widespread, there comes concerns regarding privacy, security, and legal implications. To address these concerns, various laws and regulations have been put in place, requiring organizations to include email disclaimers to protect themselves and their recipients.
In this article, we’ll explore email disclaimer law as well as email footer legal requirements in the United States.
Federal Information Security Management Act (FISMA)
The Federal Information Security Management Act (FISMA) is a crucial law that ensures the security of sensitive data across federal, state, and local government agencies in the United States. This legislation establishes a framework to protect government information, operations, and assets from natural disasters, cyber threats, and other risks.
Under FISMA, government agencies must conduct annual reviews of their information security programs to manage risks effectively and cost-efficiently. Compliance with FISMA requires agencies to follow strict security protocols, including tracking the content of all outgoing emails and using an authorized U.S. email disclaimer.
Why's an email disclaimer important? FISMA mandates the inclusion of approved disclaimers on all government email communications to ensure data security and regulatory compliance. These guidelines extend to various industries, each with unique requirements for email disclaimers and data protection.
For organizations subject to FISMA compliance, following these standards is essential to safeguarding sensitive information and maintaining secure communication channels.
Useful FISMA resources:
By adhering to FISMA requirements, agencies can strengthen cybersecurity, protect data, and ensure compliance with federal regulations.
Federal Rules of Civil Procedure (FRCP)
The Federal Rules of Civil Procedure (FRCP) outline the legal procedures for civil lawsuits in the United States Federal Court system. Compliance with FRCP is critical for organizations, especially when it comes to managing and handling electronic data. Here’s what every business needs to know:
Understand where your data is stored
Ensure you can retrieve data efficiently
Respond to data requests effectively
Identify what data is exempt from search
On December 1, 2006, the FRCP was updated to address the growing importance of electronic records and eDiscovery (electronic discovery). These changes require companies to have processes in place for managing electronic data during civil lawsuits.
One key mandate is the use of an appropriate email disclaimer. This disclaimer should clearly state the limitations of email content use, helping businesses avoid losing lawsuits when specific data is requested. The 2006 updates to the FRCP emphasize the importance of proper management, exchange, and protection of electronic data.
Freedom of Information Act (FOIA)
The Freedom of Information Act (FOIA) is a federal law that provides public access to previously unreleased information and documents from the U.S. government. It ensures transparency and accountability, allowing individuals to request and review government-held records.
However, sending FOIA-related information via email comes with risks, such as incorrect content or addressing the wrong recipient. With email now a primary tool for interdepartmental communication, email security and privacy have become critical concerns. Adding an email disclaimer is an effective way to reduce risks and ensure compliance with FOIA requirements.
An FOIA email disclaimer notifies recipients that the email may contain sensitive or confidential information. Including this disclaimer helps protect against liability issues while maintaining secure communication in line with U.S. email disclaimer laws.
If you’re handling FOIA requests, make sure to include a clear, compliant email disclaimer to safeguard sensitive government information and streamline your communications.
Gramm-Leach-Bliley Act (GLBA)
The Gramm-Leach-Bliley Act (GLBA) is a critical regulation for financial institutions in the United States. It applies to businesses offering financial products or services for personal, family, or household use, such as banks, securities firms, and insurance companies. The GLBA is enforced by the Securities and Exchange Commission (SEC) for certain financial institutions, while others fall under the Federal Trade Commission (FTC)’s oversight.
Violating the GLBA can lead to severe consequences. Civil penalties include fines of up to $100,000 per violation, and officers or directors of the financial institution can face personal liability with fines of up to $10,000 per violation. Criminal penalties may include up to five years in prison.
To comply with the GLBA, all American financial organizations must include an email disclaimer in their communications. These disclaimers help reduce the risk of confidentiality breaches and remind customers to avoid sharing sensitive information, such as account details, via email. However, email disclaimers can't guarantee 100% confidentiality, so caution is still advised when exchanging sensitive data.
The GLBA has been widely discussed, especially in connection to its role in the 2007 subprime mortgage financial crisis. Its regulations remain essential for protecting consumer privacy and promoting accountability among financial institutions.
Learn more
Health Insurance Portability & Accountability Act (HIPAA)
The Health Insurance Portability and Accountability Act (HIPAA) is a critical U.S. law that protects the privacy and security of health information while ensuring portability and continuity of health insurance coverage for millions of Americans. This legislation is essential for compliance in the healthcare industry, especially when dealing with sensitive patient data.
HIPAA is divided into two key sections:
HIPAA Title I: Protects health insurance coverage for individuals who lose or change jobs.
HIPAA Title II: Focuses on administrative simplification by standardizing healthcare information systems to improve security and efficiency.
To comply with HIPAA regulations, healthcare organizations must securely store sensitive data in robust data centers with high security and minimum guaranteed uptime. Violating HIPAA can lead to severe penalties, including fines of up to $250,000 and up to 10 years in prison for anyone who improperly obtains or discloses protected health information for malicious or commercial purposes.
This law strongly recommends that healthcare organizations in the U.S. use email disclaimers to emphasize patient confidentiality in all email communications. While HIPAA email disclaimers are not legally binding, they play an important role in patient communication and demonstrate the organization’s commitment to HIPAA compliance.
An effective HIPAA email disclaimer serves the following purposes:
Alerting patients that email communication is not 100% secure.
Highlighting confidentiality of the information in the email.
Ensuring proper handling by instructing unintended recipients to forward the email to the correct party.
Adding an email disclaimer doesn’t guarantee full HIPAA compliance, but it’s a proactive measure for protecting sensitive health information and ensuring patients are informed about privacy standards. Following these practices helps healthcare organizations build trust and stay aligned with HIPAA guidelines.
The Public Information Act, Texas State
The Texas Public Information Act is a key part of the Texas Government Code, ensuring individuals have the right to access public records maintained by government agencies. This law promotes transparency while recognizing certain exceptions to disclosure, such as confidential information protected by constitutional, statutory, or judicial rulings.
Under the Texas Public Information Act, government agencies are required to release requested information promptly, as long as it isn’t classified as confidential or exempt from disclosure. This supports the public’s right to stay informed about government activities.
Similar to FISMA guidelines, the Public Information Act encourages the use of email disclaimers. These disclaimers help ensure sensitive information remains confidential and protect organizations from potential liabilities.
California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act (CCPA) is the first comprehensive privacy law in the United States, officially implemented on January 1, 2020. Designed to enhance privacy rights and consumer protection for California residents, this groundbreaking legislation is often compared to the General Data Protection Regulation (GDPR) in the European Union.
The CCPA gives consumers in California greater control over their personal information and how businesses handle it. It introduces several key privacy rights, including:
The right to know what personal information a business collects, how it is used, and who it is shared with.
The right to delete personal information collected by businesses, upon request.
The right to opt-out of the sale of personal data to third parties.
The right to non-discrimination, ensuring businesses can't treat consumers unfairly for exercising their CCPA rights.
For businesses, compliance with the CCPA is crucial. This means businesses must be transparent about data collection and give consumers clear options to control their personal information. Including a CCPA disclaimer in communications, such as email, is a simple way to demonstrate compliance. Additionally, providing unsubscribe links allows users to opt out of marketing emails easily, further supporting privacy rights.
Just like with GDPR, there are no strict requirements for email disclaimers under the CCPA. However, adding a clear disclaimer and making your privacy policies accessible can build trust and improve transparency with your audience.
Sarbanes-Oxley (SOX)
The Sarbanes-Oxley Act (SOX), also known as the Public Company Accounting Reform and Investor Protection Act of 2002, was created to restore trust in financial reporting and strengthen investor confidence following scandals like Enron and WorldCom. This federal law establishes strict requirements for public companies and accounting firms to ensure the accuracy of financial statements and improve corporate accountability.
Key SOX compliance requirements include implementing strong internal controls, adhering to ethical standards, protecting whistleblowers, and requiring executives to certify the accuracy of financial reports filed with the SEC. Failing to comply with SOX can result in severe penalties, including fines of up to $5 million and prison sentences of up to 20 years for fraudulent activities.
Although SOX does not specifically mandate the use of email disclaimers, incorporating them into your company emails is a smart practice to support compliance efforts. Adding a Sarbanes-Oxley email disclaimer can help protect your business and reinforce accountability.
Here are four key elements every SOX email disclaimer should have:
Confidentiality notice: Clearly state that the email's contents are confidential and intended only for the recipient.
Official communication statement: Indicate that the email is an official communication from the company, ensuring recipients trust the provided information.
Non-binding clause: Specify that the email does not constitute a binding agreement unless explicitly stated otherwise.
Reminder of employee compliance: Reinforce employees’ responsibility to adhere to SOX regulations and company policies.
By including these elements in your business emails, you can help safeguard your organization and demonstrate a commitment to Sarbanes-Oxley compliance best practices.
How Exclaimer can ensure compliance with U.S. email disclaimer laws
Exclaimer offers an easy and reliable way to manage email disclaimers for your entire organization. It ensures all outgoing emails include the required legal disclaimers to comply with U.S. laws like CCPA and HIPAA. The platform automates the process, eliminating mistakes and keeping your email communications consistent.
Exclaimer makes it easy for businesses to customize disclaimers with essential elements like confidentiality notices, official statements, and compliance reminders. This ensures your disclaimers meet legal requirements while staying aligned with your company’s brand and professionalism. It integrates seamlessly with your email system, simplifying compliance, saving time, and reducing risks—so your organization can focus on its core work with confidence.
Find out how Exclaimer can support your legal compliance and start a free trial today.