Agreement Template / December 4, 2018 / Wendy Gamble
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.
Unless you are in a college dorm or you lost a significant amount of your income Landlords are hard pressed to allow something like this to happen. In the event you are the Sub-Lessor you are still liable for your lease with the Landlord if the Sub-Lessee fails to pay rent or breaches their lease in any way. Think of the last time you thought about entering into business with someone. Whether you were engaging a consultant hiring an employee sharing your trade secrets with a vendor or providing your private data to a customer youve probably asked the other side to sign a confidentiality agreement protecting your most prized information (or theyve asked you to do so). But this kind of contract shouldnt be some simple hoop to jump through farmed out to your lawyers or contract managers without you paying close attention to the details.
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.