In the life safety and property protection industry, communication is constant — proposals, service tickets, inspection reports, and customer updates fly back and forth by email every day. Many companies automatically include a long legal paragraph at the bottom of every message — the email disclaimer.
But are these disclaimers really necessary? Recent commentary from industry attorney Ken Kirschenbaum (Aug 26 and Sept 16, 2025) revisits that question, reminding us that while disclaimers are common, their legal power is limited. Still, there are times when they make good business sense.
The Myth of the Mandatory Disclaimer
As Kirschenbaum explains, there’s no federal or state law that requires an email disclaimer for most businesses — including those in the alarm and security trades. The typical “this message is confidential” notice may look official, but it rarely carries legal force.
In most cases, recipients never agreed to be bound by that disclaimer, and courts are unlikely to treat it as a contract. So, while it may sound protective, it doesn’t necessarily protect anything on its own.
Still, that doesn’t mean disclaimers have no value. They can serve as a polite reminder that the message contains sensitive information and shouldn’t be shared — a deterrent to casual forwarding or public posting. Think of it less as a legal shield and more as a “handle with care” label.
When a Disclaimer Makes Sense
Even if not legally required, there are moments when an email disclaimer is a smart layer of professional protection:
Confidential or Privileged Information
When emails contain customer security plans, system drawings, or access details — anything that could compromise a client’s safety if leaked — a confidentiality statement is appropriate. It signals that the content is sensitive and expected to stay private.Attorney or Legal Communications
If you’re sharing messages that involve contracts, liability issues, or consultation with counsel, a disclaimer can help preserve attorney-client privilege or clarify that the communication isn’t formal legal advice.Preventing Accidental Contract Formation
When quoting prices or discussing terms by email, include language such as:
“This email does not constitute a binding contract unless signed by an authorized representative.”
That small line can prevent misunderstandings when clients interpret an estimate as a final agreement.Regulatory or Privacy Compliance
For companies handling alarm monitoring data, customer addresses, or personal details, email footers may include references to privacy policies or compliance statements. If you send marketing emails, CAN-SPAM and similar laws require company identification and an unsubscribe option — not a “disclaimer” per se, but the same principle of clear communication applies.
When It’s Just Legal Noise
Many email disclaimers are copied from templates that go on for several paragraphs — long enough that no one ever reads them. If your message includes no confidential information or sensitive terms, that boilerplate text adds clutter, not protection.
Kirschenbaum puts it bluntly: “I’ve never used a disclaimer, and I don’t think it serves any purpose in most situations.” For many alarm and fire companies, that’s true — most daily messages don’t need a legal warning. What does matter is training staff to handle sensitive information properly, not relying on a paragraph of fine print.
Best Practices for the Industry
For life safety professionals, here’s a practical approach:
Use disclaimers selectively. Include them when messages involve confidential data, legal discussions, or contracts — not on every “thanks for your time” email.
Keep them short. One or two sentences are enough. Long legalese doesn’t impress customers.
Match message to practice. Don’t say “this message is confidential” if you’re copying half your team. Be consistent.
Protect the data, not just the email. Encryption, access control, and disciplined record-keeping do far more to protect your company than any disclaimer.
Sample Disclaimer for Alarm Industry Use
This email and any attachments are confidential and intended only for the individual or company named above. It may contain proprietary or security-sensitive information. If you received this message in error, please notify the sender immediately and delete it. No contract or agreement is formed by this email unless specifically stated in writing and signed by an authorized representative of [Your Company Name].
This type of disclaimer is concise, respectful, and tailored to the life safety industry — balancing professionalism with practicality.
Bottom Line
Email disclaimers are not a legal requirement, and in most cases, they don’t carry much legal weight. But used wisely, they show professionalism, protect sensitive data, and reinforce good communication practices.
As Kirschenbaum reminds us, “Unnecessary warnings may not have legal consequences, but they do deter bad behavior.” In an industry built on trust, safety, and accountability, that small reminder can go a long way.
Use the links below to access the Alarm Articles by Ken Kirschenbaum, ESQ this article is based on.