A Clear and Simple Privacy Notice
We wanted to create a privacy notice that reflects who we are. When written well, these few lines help us effectively manage risk by conveying the right messages.
Curious to learn about our approach to simplification?
Before
Privacy Notice
This message, along with any attached files, is intended exclusively for the addressee(s); it may contain confidential information. If you are not the intended recipient of this message, we hereby notify you that any use, reproduction, or distribution of this message and any attached files is strictly prohibited. If this message was sent to you in error, please notify the sender immediately by returning the message and then delete it, along with any attachments, without retaining a copy. Nothing in this notice shall be construed as contravening the Copyright Act (R.S., 1985, c. C-42).
After
Are you the wrong person for this message?
This is embarrassing. This message is confidential, including the attachments and any other messages it contains. Here's what to do:
Don't read any further! And don't share the content.
Delete this message—first from your Inbox, then from your Trash.
Please send me a separate message to let me know about this error.
Thank you for your cooperation.
Diagnosis: Why the Traditional Approach Is Problematic
Here's why traditional privacy notices aren't effective:
The title “Privacy Notice” isn’t very inviting.
The text is usually dense and sometimes complex. Often, the layout requires the reader to read the entire paragraph carefully to make sense of it.
Readers receive a considerable number of emails every day. Their attention span is very limited.
Readers who are truly affected cannot effectively determine whether they are affected until they have read the text, and they cannot quickly decide what to do.
In the end, readers learned that it's generally pointless to read a privacy policy.
If an email is sent to the wrong recipient, risk management depends entirely on that recipient’s cooperation. Not only must they read the notification, but they have no incentive to cooperate and might very well choose to keep a confidential email they received by mistake without you ever knowing about it. We might as well make it easier for them!
Our 4-Step Simplification Process
Identify the target audience
Who should read our privacy notice? In our view, it is intended solely for people who have mistakenly received an email containing confidential information.
We could have targeted a second audience: when the recipient is the right person, but is not authorized to share the information with others. In our opinion, the privacy notice is not the appropriate place to inform this person of their obligations. It is preferable to do so earlier—either at the start of the business relationship, in a contract, or in the body of the email if the email is confidential on a one-time basis.
Define Communication Objectives
Our privacy notice should serve two main communication objectives:
Capture the recipient's attention .
Take action: Delete the confidential information received in error.
Identify the key messages
Key messages help achieve communication objectives.
How can we capture readers’ attention? Readers have come to view privacy notices as off-putting and realize that, in most cases, those few lines don’t apply to them. We’re focusing on a headline that speaks to our target audience—and only our target audience. We’re also relying on effective visual design.
How can we ensure that the recipient deletes all confidential information? To make this process easier for the recipient, we’ve decided to list the steps they need to take. This approach meets the target audience’s need for information without coming across as threatening. Let’s not forget that we’re counting on their cooperation in case of an error!
Identify important secondary messages
The target audience for our privacy notice is not primarily made up of IT experts or lawyers. Here are a few points that may not be obvious to most people:
What is considered confidential? Confidentiality applies not only to the email itself, but also to any attachments and any previous emails that may be part of the email thread.
How do I delete this content? Most email accounts have a trash folder where deleted messages are actually stored for a certain period of time. Deleting the email from your inbox isn't enough; you also need to delete it from the trash folder.
How do you report an error? Chances are, the recipient will want to reply directly to the email to report the error. After all, that’s the simplest and most common method. However, replying directly to an email sent by mistake creates a copy of that email in the Sent Items folder. Did you realize that? These messages are also stored—usually for even longer than they are in the Trash. We’ve instructed the recipient to report this error in a separate message.
We felt that these messages were missing from traditional advisories. Yet they enable effective risk management by addressing the target audience’s actual information needs.
A Few Mistakes to Avoid
To be understood, one must first be read. Here, the utmost conciseness is essential so as not to sap what little motivation readers have.
Here are a few messages to avoid:
The title “Privacy Notice.” Guaranteed to turn readers off! To the reader, this title mainly conveys the idea that the paragraph will be dry, complex, and probably useless. The goal, on the contrary, is to capture the attention of the target audience.
The risks faced by the person who holds confidential information. This information is relevant to your reader, but is it strategic to discuss it? Keep in mind that you are counting on your reader’s cooperation. Discussing the risks they face could be perceived as threatening and could undermine any possibility of cooperation on their part.
Any other generic message that is not directly related to your communication objectives. Given the context in which it is read (as just one of many emails), your privacy notice is not the appropriate place for this type of message.
The key to conciseness? Stick strictly to what is necessary or important for achieving your communication goals.
Formal
Privacy Notice: This message may contain legally privileged or confidential information. If you are not the intended recipient or believe you have received this message in error, please notify the sender and destroy the contents without disclosing them to others or reproducing them.
Involving legal and technical concepts
Privacy Notice: This email, along with any attachments, is confidential and may be protected by attorney-client privilege. If you are not the intended recipient, please notify the sender immediately and delete this email; you must not copy it, use it for any purpose, or disclose its contents to anyone. [Law Firm] reserves the right to monitor any transmission that passes through its network.
Threatening
Confidentiality: The contents of this email and accompanying material are intended for the exclusive use of the intended recipient and may contain information that is privileged, confidential, and subject to copyright. If you are not the intended recipient, please do not copy, act upon, or distribute this email. If you have received this email in error, please notify us immediately by replying to this email and delete all material related to this email. Unauthorized use of this email may result in liability for breach of confidentiality, privilege, or copyright.
With a liability limit
Privacy Notice: This message and any attached files may contain privileged or confidential information. If this message is not intended for you or if you have received it in error, please notify the sender immediately and delete the original message and any attached files without making a copy or disclosing the contents. We assume no responsibility for the interception of any Internet communication or the transmission of computer viruses.
What do you think?
Share your thoughts on LinkedIn or write to us!
Are you the wrong person for this message?
This is embarrassing. This message is confidential, including the attachments and any other messages it contains. Here's what to do:
Don't read any further! And don't share the content.
Delete this message—first from your Inbox, then from your Trash.
Please send me a separate message to let me know about this error.
Thank you for your cooperation.
Learn More
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