Clear and Simple Confidentiality Notice

We wanted to create a privacy notice that reflects who we are. When written well, these few lines can effectively manage risk by conveying the right messages.

Curious to learn about our simplification process?

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Before

Confidentiality Notice

This message, along with any attached files, is intended exclusively for its recipient(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 dissemination of this message and any attached files is strictly prohibited. If this message was sent to you in error, please notify the sender promptly by returning the message and then destroy it, along with any attached files, without retaining any copies. Nothing in this notice may be construed as contravening the Copyright Act (R.S., 1985, C. C-42).

After

Is this message meant for someone else?

That's embarrassing. This message is confidential, including any attachments and other messages it contains. Here's what to do:

1. Don't read any further! And do not share the content.

2. Delete this message—first from your Inbox, and then from your Trash.

3. Please send me a separate message to let me know about this error.

Thank you for your cooperation.

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Diagnosis: Why the Traditional Version Is Problematic

This is why traditional confidentiality notices are not effective:

• The title "Confidentiality Notice" isn't very engaging.

• The text is usually dense and sometimes complex. Often, the way it is presented requires reading through the entire paragraph to understand it.

• Readers receive a considerable number of emails every day. Their attention span is very limited.

• Target readers cannot effectively determine whether the information applies to them before reading the entire notice. If they do read it, they cannot quickly figure out what to do.

• Readers have learned that reading a privacy or confidentiality notice is usually pointless.

• Risk management relies entirely on the cooperation of the recipient who received the message by mistake. Not only do recipients have to read the entire notice, but they have no incentive to cooperate. They could very well lose interest and choose to keep a confidential email without you ever knowing. So, you might as well make it easier for them.

Our 4-step simplification process

1. Identify your target audience

Who should read our privacy notice? In our opinion, this notice applies only to people who have received a confidential email by mistake.

We could have targeted a second audience: when the recipient is the intended recipient, but does not have the right to share the information with others. In our opinion, the confidentiality notice is not the appropriate place to inform that person of his or her obligations. It is best to do so earlier in the process—either at the beginning of the business relationship, in a contract, or in the body of the email if the email is only occasionally confidential.

2. Define the communication goal

Our confidentiality notice should have two objectives:

1. Grab the recipient's attention.

2. Trigger an action: delete the confidential information received by mistake.

Note: Your communication goal is not a legal or compliance goal (“managing the risk of leaking confidential information”). It is what you want to achieve, from your reader’s perspective.

3. Identify key messages

To achieve our goals, we need to convey the right messages.

• How can we capture readers’ attention? Readers have come to realize that privacy notices are off-putting and that, in most cases, these few lines do not apply to them. We therefore need to send a strong message. Our solution: a headline that lets the target audience know immediately whether the content that follows applies to them. We also use a graphic layout that appears simple at first glance.

• How can the recipient remove all confidential information? To make this task easier for our recipient, we have chosen to list the steps they need to take. This approach addresses the information needs of our target audience without making them feel threatened. Let’s not forget that we depend on their cooperation!

4. Identify important secondary messages

Our target audience is not primarily made up of computer or legal experts. Here are some things that aren't obvious to most people:

• What is considered confidential? Not only the email itself, but also all attachments and any previous emails that may be part of the discussion thread.

• How do I delete this content? The Recycle Bin is where deleted messages end up. But before they disappear forever, they are stored there for a certain amount of time. Simply moving an email to the Recycle Bin isn't enough; you also have to permanently delete it from the Recycle Bin.

• How do I report an error? Chances are that the recipient will want to reply directly to the email. After all, it’s the simplest and most common method. But doing so will create a copy of this email in the Sent folder. These messages are also retained, usually for even longer than they are in the Trash. We have made it clear to the recipient that they should report this error in a separate message after deleting it permanently.

It seemed to us that these secondary messages lacked the traditional confidentiality notices. Yet, they can effectively manage risk by meeting the actual information needs of the target audience.

Some Mistakes to Avoid

The difficulty with communication lies in the illusion that it has been accomplished. To be understood, you must first be read. Here, we need to keep it brief to avoid undermining the fragile motivation that drives our readers.

Here are some messages to avoid:

• The title “Confidentiality Notice.” Ugh… so boring! To the reader, this title mainly conveys the idea that reading the paragraph will be tedious, complicated, and probably pointless. The goal is to grab the reader’s attention, not to scare them away.

• The legal consequences for the person who withholds confidential information. This information is clearly relevant to your reader, but is it wise to mention it? Remember that you are counting on your reader’s cooperation. Discussing the risks could be perceived as threatening, thereby undermining any possibility of cooperation on their part.

• Any other general message that is not directly related to your communication goals. Given the context of reading (one email among many others), your confidentiality notice is not the appropriate place for this type of message.

The key to brevity? Don't go beyond what is strictly necessary or important to achieve your communication goals.

Traditional examples

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Involving legal and technical concepts

Confidentiality Notice: Thisemail, as well as any attachments, is confidential and may be protected by professional secrecy. If you are not the intended recipient, please notify the author immediately and delete it; you must not copy or use it for any purpose whatsoever or disclose its content to anyone. [The law firm] reserves the right to monitor any communication that passes through its network.

Formal

Confidentiality 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, we would appreciate it if you would notify the sender and destroy the content without sharing it with others or reproducing it.

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Threatening

Confidentiality: The content of this email and accompanying materials is intended solely for the addressee and may contain privileged, confidential, and copyrighted information. 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 documents related to this email. Unauthorized use of this email may result in liability for breach of confidentiality or copyright.

With a limitation of liability

Confidentiality Notice
: This message and any attached file may contain privileged or confidential information. If this message is not intended for you or if you have received it by mistake, we would appreciate it if you would notify the sender immediately and delete the original message and any attached files without copying or disclosing the contents. We assume no responsibility for the interception of any communication via the Internet or the transmission of computer viruses.

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What do you think?

Is this message meant for someone else?

This is embarrassing. This message is confidential, including any attachments and other messages it contains. Here's what to do:

1. Don't read any further! And do not share this content.

2. Delete this message—first from your Inbox, and then from your Trash.

3. Please send me a separate message to let me know about this error.

Thank you for your cooperation.

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Share if you like!

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To learn more

Discover our pre-recorded training sessions:

• The Art of Clear Communication and Information Design

• Clear and Effective Writing: For Precise, Comprehensible, and Useful Texts

French version also available

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