Disclaimer
Definition
A statement limiting legal liability, denying responsibility, or clarifying the scope of obligations. Disclaimers appear throughout privacy documentation and website content. Common types include warranty disclaimers (no guarantee of accuracy or fitness for purpose), liability disclaimers (limitation of damages), professional disclaimers (not providing professional advice), affiliate disclaimers (disclosure of affiliate relationships), testimonial disclaimers (results may vary), and confidentiality disclaimers (information is confidential). While disclaimers serve risk management purposes, their legal effectiveness is limited—they don't override statutory obligations or allow organizations to avoid responsibility for wrongdoing. From a privacy perspective, disclaimers should not be used to disclaim privacy obligations or mislead users about data protection. Disclaimers should be clear, conspicuous, and specific. Overly broad or hidden disclaimers may be unenforceable and can damage trust. Use disclaimers appropriately but don't rely on them as substitute for proper practices.
Applicable Laws & Regulations
- 1Consumer protection laws - Limitations on disclaimer enforceability
- 2Unfair contract terms legislation - Restrictions on disclaimers
- 3FTC Act Section 5 - Prohibition on deceptive disclaimers