International Email Disclaimer Laws

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The laws and legislation surrounding email disclaimers are tightening all around the globe. In these slides we give an overview of the email disclaimer laws from the following countries:

Canada
USA
European Union
- Denmark
- France
- Germany
- Italy
- Ireland
- Netherlands
- United Kingdom

Crossware Mail Signature allows you to specify an email disclaimer to be appended to all emails leaving your company. You can choose whether these disclaimers are added to internal or external emails – or both – and configure several different disclaimers to be automatically applied to emails from different departments.

More info - www.crossware.co.nz/features/email-disclaimer/

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International Email Disclaimer Laws

  1. 1. International Email Disclaimer laws NOTE: This information does not constitute legal advice. For further advice, contact an attorney.
  2. 2. USA
  3. 3. USA Health Insurance Portability and Accountability Act Applies to: All US companies transmitting patients’ personal healthcare data. The requirements: HIPAA does not explicitly require companies to use legal disclaimers, they are considered a supplementary measure to discourage unauthorized use, disclosure or distribution of message contents. Disclaimers are also a good method of informing patients about the risks related to sending their individual healthcare information via email.
  4. 4. USA Gramm-Leach-Bliley Act (GLBA) Applies to: All US financial institutions. The requirements: Messages containing recipients’ personal information must be vastly protected. Organizations are required to add disclaimers to their emails in order to protect the integrity of their patients or clients and to avoid any confidentiality breaches. Penalty: Up to $100,000 for each violation.
  5. 5. Canada
  6. 6. Canada Canada’s Anti-Spam Legislation (CASL) Applies to: All commercial emails sent to recipients in Canada. The requirements: Messages must include the following details of the sender; name, business, mailing address, phone number, email or web address. Every email must also include a opt-out (unsubscribe) mechanism. Penalty: Up to $10 million per violation. Read about our opt-out mechanism: www.crossware.co.nz/casl-email-unsubscribe
  7. 7. European Union European Union Directive 2003/58/EC Applies to: All corporate correspondence. The requirements: All business emails must include: the company’s registration number; the place of registration; and the registered office address. Each member state was required to bring these laws into force before 31 December 2006. Several key countries’ adoptions of the directive are in the following slides.
  8. 8. Denmark
  9. 9. Denmark European Union Directive 2003/58/EC Applies to: Emails from all companies and private limited companies. The requirements: Emails must include company name, registered location, Central Business Register (CBR) number.
  10. 10. France
  11. 11. France Article R 123-237 - French Commercial Code Applies to: All corporate correspondence. The requirements: All corporate emails must include: company name, registration number, registry location, registered office address, and if the company is being run by a lease manager. Penalty: Up to Є750 per per violation.
  12. 12. Germany
  13. 13. Germany Gesetz über elektronische Handelsregister Applies to: All commercial emails. The requirements: All commercial emails must include: company name, legal form, registered location, registration court, registration number, all directors or board members and chairman of the board if applicable. Penalty: Up to Є5,000.
  14. 14. Italy
  15. 15. Italy European Union Directive 2003/58/EC Applies to: All corporate correspondence. The requirements: All electronic business communications must include: registered name, registration number, place of registration, registered office address, and if applicable indicate if the company is being wound up and going into liquidation.
  16. 16. Ireland
  17. 17. Ireland Companies Act 1963 Applies to: All letters and order forms (paper or any other medium). The requirements: Must include: registered name, legal form, place of registration, registration number, registered office address, the fact that it’s a limited company if the company is exempt from adding the word “limited” to its name, and if applicable indicate if the company is being wound up. Penalty: Up to Є2,000.
  18. 18. Netherlands
  19. 19. Netherlands European Union Directive 2003/58/EC Applies to: All corporate correspondence The requirements: CoC number must be on all outgoing letters, orders, invoices, quotes and other written communications (this includes email). Penalty: Up to €16,750 or six months imprisonment.
  20. 20. United Kingdom
  21. 21. United Kingdom Companies Act 2006 Applies to: All business emails. The requirements: Must include: registered name, part of the UK where company is registered, registration number, registered office address, and the fact that it’s a limited company if the company is exempt from adding the word “limited” to its name. Penalty: Up to £1,000 per violation
  22. 22. The Solution Crossware Mail Signature Saving your email signatures More info: www.crossware.co.nz/features/email-disclaimer Free Trial: www.crossware.co.nz/trial

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