The term Disclaimer comes originally from English tons disclaim "“abstreiten"”, "“in agreement turns off"”.

In the Internet it is used as term technicus for a non-liability. Disclaimer predominantly occur in enamels and on homepage.

E-Mail-Disclaimer

A E-Mail-Disclaimer covers frequently that the reading, he should have kept the E-Mail inadvertent and the meant receiver may not be, forget immediately contents of the E-Mail concerned again and the E-Mail is to send alternatively to the sender back or to the desired receiver.

Example

NOTE: This is intended a confidential message and only for the addressee. It is not permitted to copy this message or make third accessible. If you should have received erroneously this message, I ask for your report by E-Mail or under the telephone number indicated above.

Legal evaluation

However such E-Mail-Disclaimer might be ineffective in predominant opinion among lawyers, which does not prevent her however to use her.

The inefficacy justifies itself from two circumstances: Once it is impossible to bring third to forget something. Secondly it would concern with this Disclaimern in predominant opinion AGB. However must have become accessible before opening the E-Mail the addressee, otherwise they are not a part of contract. Such text paragraphs mostly are also only below contents of a message, which excludes any legal relevance.

Homepage Disclaimer

From fear for set left to be made liable is on numerous homepage (also of lawyers) a reference to the judgement of 12. May 1998 of the regional court Hamburg with the file reference: 312 O 85/98. With reference to this judgement stated, one must dissociate oneself from all left, in order not to be liable for it.

Example

With the judgement of 12. May 1998 decided the regional court Hamburg that one has to if necessary also answer for contents of the left sides by the mounting of a on the left of. This can be prevented only by the fact that one dissociates oneself expressly from this contents.

To all left on these homepage applies: I dissociate myself hereby expressly from all contents of all left sides on my homepage and do not make myself these contents not own.

, One finds him to Googelt one after this text in the German-language Internet over 1.500.000 times.

Ethical evaluation

If one dissociates oneself from left, then the question arises, why one indicates it at all. A left represents a recommendation or the indication of a source. Of first is hardly possible a dissociation, from more zweiterer dissociates itself in all rule already the associated text.

From left to to dissociate itself to leave however this there can be reasons however several: - on the linked Site is there much interesting information, which outweighs; - Uncertainty whether the linked information is to be complained of punishing and/or civilly; - Linking, without examination of all sides of the linked Site; - others.

Legal evaluation

Also in legal regard such Disclaimer is hardly durable. In particular the judgement of the LG Hamburg () is falsequoted: The judges in a concrete case decided that the bare is not sufficient reference on it that the link setter does not want to take over adhesion for possible law breakings on the goal side. The deplored one had linked in a composition of hyper+on the left of exclusive on sides with honour-hurting expressions over the plaintiff. In opinion of the court it became recognizable by the total context that he these expressions own make himself. By its explanation, it clings not, changes in it for nothing. This statement of the judgement is actually no spectacular realization, because it completely generally applies that existing legal adhesion cannot be excluded on one side by that, which commits an unlawful act. However the decision was not misunderstood completely predominantly going by that one must dissociate oneself now by a large (verbal) explanation also from contents of the link goals, the adhesion excludes thus any longer only on one side. It is surveyed that in the decided case of the link setters themselves had argued on his side in similar way, as this happened on the side, in which its left referred. For the unabashed reader it therefore presented itself in such a way that the author of the original side made itself also contents of the goal side too own. Therefore its adhesion exemption clarifying represented also no genuine dissociation, but was if necessary lip-service. It depends therefore in each case on the appreciation of the entire circumstances. If thus for example on the sides of an anti-fascist organization a left on sides with National Socialist propaganda is to be found, that could be only understood as voucher of a certain statement or indication of source. Turned around an appropriate might justify an adhesion left independently of from a web page, on which sympathy for appropriate ideas is expressed anyway, whether the Disclaimer is used or not.

The current Teledienstegesetz standardizes an adhesion granting privilege in "§"§ the 8 and 9 for the cases, in which the link setter did not have a positive knowledge of bad contents, in opinion of many authors however then only if the side operator does not make itself contents of on the left of own. Self-make is called to arouse the impression it concern own statements. That can be reached however by appropriate representation of on the left of problem-free. Wikipedia e.g. left particularly marks external. The Federal High Court has however with judgement from 17 July 2003, AZ: I ZR 259/00 - Paperboy () decided that the adhesion exemptions, to which the today's "§"§ 8 and 9 corresponds regulated in former times in "§ 5 Teledienstegesetz, are hyper+on the left of applicable neither directly nor similarly to setting, since the legislator did not want to regulate the adhesion for hyper+on the left of consciously with amending the Teledienstegesetzes. Therefore the legal situation is further unsettled. This concerns above all the question whether also a negligent adhesion is possible, if hyper+left originally to a legally harmless document referred, which was changed without knowledge of the link setter and now illegal contents has. The higher regional court Munich has in a judgement of 15. March 2002, Az. The view represented 21 U 1914/02 () that setting opens one hyper+on the left of a source of danger and the link setter is obligated to examine also after setting hyper+on the left of to which contents of that hyper+left it refers.

Literature

to E-Mail-Disclaimer

• Andresen, Fred, caution: Small print in: Linux magazine 01/2004, S.68 f., Linux new Media, Munich, 2004

to homepage Disclaimern

• Heidrich, Joerg, over sense and nonsense of Web Disclaimern,

See also

• Limitation of liability

Related links

to E-Mail-Disclaimern

• http://www.dominik-boecker.de/email/disclaimer/recht.html
• http://www.causse.de/recht/angstklauseln.html
• The 2001 Daftas Longest email Disclaimer

to homepage Disclaimern

• The judgement of the LG Hamburg
• The Disclaimer - a modern fairy Article for the legal meaning of Disclaimern
• Why Disclaimer the World Wide Web harm
• The Sinnlosigkeit of Disclaimern article over different Disclaimer myths

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