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The top 7 GDPR email disclaimer examples

disclaimers
gdpr
compliance

16 October 2024

0 min read

Before we can look at GDPR email disclaimers, it’s essential to understand the law behind them. Unlike some other laws, the General Data Protection Regulation (GDPR) doesn’t have any set rules surrounding the use of disclaimers in emails.

It doesn’t enforce their usage as rigorously as the EU Directive 2003/58/EC or the Health Insurance Portability and Accountability Act (HIPAA) does. This is even though GDPR is considered one of the most comprehensive data privacy standards to date.

Having the right GDPR email disclaimer can help all companies comply better with the regulation, and better still, help users understand it. Creating a dedicated GDPR email disclaimer offers an extra level of trust to any recipients you send emails to in the European Union (EU) and European Economic Area (EEA).

Any organization that handles the information of citizens in the EU or EEA is subject to the GDPR, meaning securing people’s data is of the utmost importance.

Not only is it about securing data, but also giving people the ability to exercise control over their data. If your company isn’t following the rules, you can get hit with a hefty fine.

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Under the regulations of the GDPR, if your company collects, stores, and uses the data of people in the EU or the EEA then it will apply to you. It requires your company to adhere to certain principles of data protection, including adopting technical measures to secure data.

GDPR was put in place to be pro-consumer. Put simply, it asks for emails to be more consumer friendly, asking for affirmative opt-ins and communications.

GDPR email disclaimers aren't limited to marketing emails; they apply to all business emails that involve the processing of personal data. Whether it's a marketing message or a general business communication, if the email contains or references personal information (like names, email addresses, or any other identifying data), it needs to comply with GDPR.

This means it's important to add appropriate disclaimers to inform recipients of how their data is handled and their rights under GDPR. Essentially, any email that involves personal data should follow GDPR rules, not just marketing-specific emails.

Let’s break down the distinction between marketing emails and general business emails in the context of GDPR compliance, along with key considerations for each:

Marketing emails

These are emails that promote products, services, or brands. They’re often part of a campaign aimed at driving sales or engagement.

Since marketing emails involve direct targeting of individuals, GDPR places stricter rules around them.

Key considerations for marketing emails under GDPR:

Consent: You must obtain explicit consent from individuals before sending them marketing emails. This means they should have opted in to receive these communications.

Data processing: Be transparent about how you collect, store, and use personal data (email addresses, preferences) for marketing purposes.

Opt-out options: Every marketing email must include an easy way for the recipient to unsubscribe from future communications.

Privacy notice: You need to inform recipients about how their data will be used and their rights under GDPR. A disclaimer typically explains these aspects, such as data retention policies and the recipient’s right to access or erase their data.

Legitimate interest: In some cases, organizations may justify sending marketing emails under "legitimate interest," but they still need to respect individuals’ rights and provide opt-out options.

General business emails

These emails are everyday communications between employees, clients, suppliers, and partners.

Although they may not focus on promotion, they can still involve processing personal data, and therefore are subject to GDPR.

Key considerations for general business emails under GDPR:

Data protection: If your email includes personal information (like an individual’s contact details, business role, or performance data), GDPR regulations apply. You need to ensure the data is handled securely and in accordance with GDPR principles.

Confidentiality: Personal data shared in general business emails should be limited to what's necessary for the purpose of the communication. Too much personal information can breach GDPR requirements.

Data subject rights: Recipients have the same rights as marketing emails, including the right to know how their data is processed, the right to request deletion, and the right to object to certain uses of their data.

Disclaimers: While not as complex as marketing emails, general business emails often include a disclaimer that ensures recipients understand the handling of their personal data.

email signature with banner offering a gift card

In either case, having a knowledgeable GDPR email disclaimer can help recipients understand how their data is being processed, and their rights. It shows that your organization has a clear GDPR policy in place and that you conform to the high standards expected of this regulation.

When it comes to creating a GDPR email disclaimer, it can be challenging to decide what to include for compliance purposes. After all, there aren’t any concrete rules in place when it comes to the use of email disclaimers and GDPR.

So, what text should you include to help showcase your GDPR compliance to email recipients? Below are the top email disclaimer examples we’ve created to answer this question.

Note that email disclaimers should be tailored to your own business needs, and you should consult with your company's legal advisor if appropriate.

Examples of marketing email disclaimers

You are receiving this email because you opted in to receiving emails from [COMPANY]. If you would rather not receive this type of communication, please click here to unsubscribe or click here to adjust your preferences.

You're receiving this email because you subscribed to our newsletter. To manage your preferences or unsubscribe, please click here. For more information on how we handle your data, please review our privacy policy.

Examples of general business email disclaimers

This email may contain confidential information. If you're not the intended recipient, please delete it and notify us immediately. For information on how we handle personal data, please refer to our privacy policy.

[COMPANY] is 100% compliant with the General Data Protection Regulation (GDPR). To learn more about how we collect, keep, and process your private information in compliance with GDPR, please view our privacy policy. This policy was last updated on [DATE/MONTH/YEAR].

Under the General Data Protection Regulation (GDPR) (EU) 2016/679, we have a legal duty to protect any information we collect from you. Information contained in this email and any attachments may be privileged or confidential and intended for the exclusive use of the original recipient. If you have received this email by mistake, please advise the sender immediately and delete the email, including emptying your deleted email box.

Any email and files/attachments transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. If this message has been sent to you in error, you must not copy, distribute or disclose of the information it contains. Please notify us immediately and delete the message from your system.

[COMPANY] is committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. If you have any questions related to our GDPR compliance, please contact our Data Protection Officer or make a Data Subject Access Request.

The larger the organization, the harder it is to enforce GDPR email disclaimers on all messages. You want to ensure that all disclaimers contain relevant information to showcase your GDPR compliance.

And the best way to ensure that every employee uses an email disclaimer is to manage the process centrally.

With Exclaimer's email signature software, you can ensure that all users’ corporate emails consistently have a professional and legally compliant GDPR email disclaimer that showcases your organization’s compliance. This means you’ll never have to worry about employees not using an appropriate GDPR email disclaimer when contacting any EU/EEA individual or business.

Learn more about Exclaimer or get yourself a free trial to see the power of email signature software for yourself.

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