Agreement Template / December 6, 2018 / Rosalie Cain
This is the business purpose. It could be because you and the other party are considering a business relationship or to evaluate a potential product or service. Whatever it is you want to clearly state this business purpose up front so its clear what the agreement is focusing on and why the parties are signing it. 2. Marking Requirement. This is definitely something to watch out for because it can get you into trouble quite easily. The marking requirement forces the party disclosing its confidential information to actually mark or stamp that information as confidential or describe it as such in a letter given to the receiving party. Unless you are in the habit of keeping close track of your confidential materials and stamping them with big bold letters youre probably going to fail to comply with a marking requirement and unknowingly give away your confidential information without any restriction on the receiving party from sharing it with the public or third parties.
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.
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.