The Privacy Suite for WordPress

What is a Disclaimer?

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Many websites are using disclaimers. With the Complianz Premium plugin, you easily compose a disclaimer that suits your needs.  But why should you communicate a disclaimer, and what should you include in such a document? In this article, we will explain.

What is a disclaimer?

A disclaimer is a document in which a company or website owner tries to limit or exclude liability. We find disclaimers all around the web but also offline. For example, think of signs in public areas stating: ‘The management is not liable for damage, loss or theft to your goods.’ Similarly, website owners could display a disclaimer to exclude themselves from certain claims. In this article, we’ll discuss why a website could use a disclaimer and the legal value of such a document. But also make statements about copyright or the use of Creative Commons or open-source libraries.

Why should I use a disclaimer?

You could use a disclaimer in several circumstances. First, you could use a disclaimer to inform visitors of your website. You may include information on how to use advertising on your websites and whether posts on the site are up-to-date.

Another aspect you may include is regarding intellectual property and copyright. Are there any texts, images, or other works on your website protected by intellectual property laws? Mention these in the disclaimer.

You may also include third-party links or content. In the disclaimer, you can put some information regarding the use of links and content from third parties on the website and how they are dealt with.

Last, you may also include information regarding the event of pricing, typing, and typesetting errors. For instance, when you have a webshop, it could be good to include a policy regarding pricing errors as this could occur quite often. But don’t forget to mention these in the general terms and conditions, as the disclaimer still has no legal value.

What is the value of a disclaimer?

A disclaimer is a unilateral declaration: it was determined only by the providing party. A disclaimer is not mandatory and does not have a real legal value. However, it could be good to inform your website visitors.

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Dr. Mathieu Paapst LLM cipm

Dr. Mathieu Paapst LLM cipm

Assistant Professor IT and Privacy Law at the University of Groningen (RUG), and Complianz Partner

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