Using a disclaimer on your website

What is a disclaimer?

A disclaimer is a text that provides visitors with further information about the content of your website or email. A disclaimer is often used as a warning. For example:

• visitors cannot derive any rights from the information on the website
• the content of external links is not checked
• this is not legal advice

A disclaimer on a website is usually found in the footer or header. In emails, a disclaimer is often found at the bottom of the email.

You cannot limit liability with a disclaimer

Many disclaimers state that the owner of the website cannot be held liable for the information on the website. But disclaimers cannot protect you against liability. Liability is governed by law. A disclaimer does not change that. Moreover, disclaimers are a statement: they are an explanation or a piece of information meant for your clients. They are not an agreement or contract that you enter into with any other party.

Examples of types of disclaimers

• You state that you have produced all the text and photographs on your website yourself: they are protected by copyright.
• You provide further details on how up-to-date the content of your website is.
• When giving advice based on personal experience, you state that you are not an expert or an official body.
• You provide information about the advertising on your website or about posts for which you have been paid (in Dutch).
• You make it clear that the email is intended solely for the person you are addressing

Are disclaimers mandatory?

No, disclaimers are not mandatory.

Drawing up a disclaimer

There is no set format for disclaimers. Looking for a sample? Consult your sector organisation or ask a lawyer for advice. They can probably help you write a good disclaimer. For more inspiration, consider investigating what other businesses in your industry put in their disclaimers.