Agreement Template / December 5, 2018 / Odessa Barron
Then insert some wide ranging exceptions to this definition of confidential information that make the agreement a fair one. Typically you would tell the party that is going to receive your confidential data that they dont have to protect any of your materials if they happen to be already out there in the public domain are previously in the receiving partys possession (which means they developed the same thing on their own) or were given to the receiving party by a third party. These kinds of exceptions are important because its not fair to require the receiving party to lock up your materials if they really arent confidential to you. At the same time anything that doesnt fall within one of these exceptions really should be kept confidential because no one else is in possession of it.
How do people try and alleviate this concern? 3. Description of Confidential Information. Well one way people try and get around the marking requirement is to provide a description of which information is confidential and which information is not. But people usually write such a wide ranging description that its hard to know what is or is not confidential. And if two parties sign multiple confidentiality agreements with each other then you usually end up with multiple overlapping definitions of confidentiality so you have no idea which agreement applies to which information nor whether certain materials fall under the agreement and other ones do not. 4. Exceptions. Whats the solution? The best move is to just say that all of the private information that you provide for the business purpose is confidential.
It can also be used in the freelance writing world where a ghost writer is hired to produce information that will be published under another persons name as a way to ensure that the writer does not attempt to claim responsibility. The agreement should not only explain what information is to be held in the strictest confidence but what steps will be taken if there is a breach. Not only should it cover any disciplinary actions that will be taken but it may cover provisions for legal action should the breach create a situation where litigation on behalf of the client whose information has been made public. It should also explain how the confidential information should be treated and what safeguards are in place to prevent a leak.