Email Confidentiality Statement Hipaa

Email Confidentiality Statement Hipaa– The confidentiality notice in emails

It is very common to find in the signatures of the corporate emails the text known as “notice of confidentiality”, in which the recipient of the document is prevented from various circumstances such as the confidentiality of the content, the need to keep communications secret, or even the mandate to destroy the mail if you are not the recipient of it. We analyze below and from a legal perspective, everything related to the confidentiality notice.


Email Confidentiality Statement Hipaa

Email Confidentiality Statement Hipaa

Email Confidentiality Statement Hipaa

What is the confidentiality notice?
As we have already advanced, the confidentiality notice is a text of marked legal nature that is usually placed in the signature of the company emails to notify the recipient of the mail of certain circumstances, generally related to the confidentiality of the content. It will look much better with a small example:

This communication contains information that is confidential and may also contain inside information. It is for the exclusive use of the recipient / s. If you are not the recipient / s, keep in mind that any distribution, copying or use of this communication or the information it contains is strictly prohibited. If you have received this communication in error, please notify us by email or telephone.

Is the confidentiality notice necessary?
It depends. In the majority of cases in which we address our suppliers or ordinary customers with our emails, it will not be necessary or advisable to accompany the text with a confidentiality notice, but in some very specific ones (which we will detail below) it may be considered useful.

It is necessary to understand that no person has to submit to obligations arising from the simple reading of an email if there has been no previous contract. There is no legal precept – it would fail more – that obliges recipients of emails to respect the confidentiality of the content they receive, nor can such conduct be defended with other sources of law such as custom or market uses. Then in all cases in which there are no prior confidentiality agreements between the parties, the confidentiality notice has the sole effect of demonstrating the issuer’s legal incapacity and leaving it in a bad situation before its contacts.

The confidentiality notice may, however, be useful in cases in which the subject who issues the email and the recipient receives signed any type of confidentiality agreement in which the second is obliged to keep certain information that can be obtained from the first. It is true that the contract itself will already work, but it will not hurt to notify directly that this specific information in this specific email is confidential and is subject to the agreement. For this, it may be interesting to refer to the name or date of the contract, and in any case always eliminate everything related to things like “If you are not the recipient, keep in mind that the distribution of information is prohibited”, as we already know that no We can create obligations to people we don’t even know. Respecting all this and as an exception to the rule, the use of the confidentiality notice is useful and even recommended in these cases

Removed the confidentiality notice, what do I use as a signature?
If you have removed the confidentiality notice, you want to make legal use of the text contained in the signature of the corporate emails, it is a good idea to take into account the privacy notices regarding the data protection regulations. Regulation 2016/679 of the European Parliament and of the Council, of April 27, 2016, has brought to the subjects that work with personal data of natural persons a new sphere of obligations of treatment and respect in the use of this information for the emission of emails especially advertising content. If all these obligations are fulfilled, it will not hurt to notify the recipient of the email with a signature of the following style:

In compliance with the provisions of Regulation 2016/679, of the European Parliament and of the Council, of April 27, 2016, xxxx SL informs you that this information has been sent by personnel to the service of said company for the purpose of Compliance with the functions of its competence. We inform you of the possibility of exercising your rights of access, rectification, deletion, opposition, data portability, limitation of treatment and forgetfulness under the terms established in current legislation, which you can make effective by writing to xxxx SL, with address in xxxx. If you wish to stop receiving emails from this list, forward this email to xxxx.

As we have observed, the confidentiality notice should be limited only to certain very specific circumstances, so we recommend getting rid of them completely in cases where they are not complied with. Otherwise, an image of seriousness carved with years may be damaged in exchange for nothing, since that is the benefit of including them in the signature of the mails. Regarding the privacy notice we refer to the last paragraph of this entry, and we anticipate that due to its importance it will be a topic that we will develop in later.

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