KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
You can read all of our articles on our website. Having trouble getting our emails?  Change your spam controls and whitelist ken@kirschenbaumesq.com 
****************************** 

are Electronic Mail Disclaimers necessary  
August 26, 2025
************************
Electronic Mail Disclaimers
************************
Ken
    Are “Electronic Mail Disclaimers” a good idea or a thing of the past?
name withheld
************************
Response
************************
    It's not uncommon to see a disclaimer above an electronic signature on an email warning that the email is intended for specific recipient, should be discarded if reached by wrong person, treated as confidential, prohibited from disclosure, etc.  I've never used the disclaimer and I don't think it serves any purpose in most situations.  I think it would rarely apply in the alarm industry.
    There is no federal law requiring the disclaimer, nor state law that I am aware of.  There is no federal law sanctioning the use or effectiveness of the disclaimer that I know of.   Therefore warning someone that they are prohibited from circulating the email or information is not going to have any legal effect.  
    There may be some exception, but the email would need to have some degree of confidentiality by law, such as a communication between attorney and client.  Generally confidentiality is lost if the communication is heard by a third person, but an unintended third person, particularly with the disclaimer notice emphasizing that the communication was sent in error and not intended to vitiate confidentiality.  
    Alarm companies may be transmitting confidential information, such as alarm records, but I don't think adding the disclaimer adds much legal effect, if any. 
    My [non-legal] opinion is, don't bother cluttering up your emails with the disclaimer.
******************************

STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
***************************
CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: 
https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
***********************
WEBINARS
https://www.kirschenbaumesq.com/page/alarm-webinars
***********************
ALARM ARTICLES:  You can always read our Articles on our website at 
www.kirschenbaumesq.com/page/alarm-articles  updated daily        
********************

Wondering how much your alarm company is worth?
Click here:  https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth
***********************
THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily
*************************
PODCASTS:  https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477
*************************

Getting on our email list / Articles archived:
    Many of you are forwarding these emails to friends or asking that others be added to the list.  Sign up for our daily newsletter here: Sign Up.
**************************

Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com