Confidentiality Disclaimer
Definition
A notice stating that certain information is confidential and that unauthorized disclosure, use, or distribution is prohibited. In privacy contexts, confidentiality disclaimers commonly appear in email footers, documents containing sensitive information, and communications with privileged content. While disclaimers serve notice purposes, their legal effectiveness is limited—they don't create confidentiality where none would otherwise exist, and they don't override legal obligations to disclose information. A disclaimer might state that if you receive the communication in error, you should notify the sender and delete it. From a privacy perspective, confidentiality disclaimers signal that information should be protected, but they don't replace proper security measures, appropriate recipient selection, or encryption for truly sensitive data. Organizations should not rely solely on disclaimers to protect confidential information but should implement proper access controls, security measures, and handling procedures.
Applicable Laws & Regulations
- 1Trade secret laws - Confidentiality measures
- 2Attorney-client privilege - Confidential communications
- 3GDPR Article 32 - Confidentiality of processing