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Confidentiality

Confidentiality Agreements are used to impose confidentiality obligations on parties receiving information on materials from disclosing parties which consider such information or material to be confidential. Selecting the appropriate template requires consideration of four key issues. The first challenge is to identify, with particularity, the information which is confidential. The second question focuses on whether you are the party receiving or disclosing such information. The third issue concerns the duration for keeping the information confidential. Finally, consider whether the confidential information also qualifies as a trade secret. (See also Non-Disclosure under Patent Agreements)

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What's in the Confidentiality Sub-Library

The Confidentiality Agreement for disclosing parties imposes strict confidentiality obligations on the receiving party and maximizes the rights and negotiating leverage of the party disclosing the confidential information.

The Confidentiality Agreement for receiving parties imposes lenient confidentiality obligations on the receiving party and should be favored if you are receiving (but not disclosing) confidential information under the agreement.

The Reciprocal Confidentiality Agreement balances the tension between minimizing your confidentiality obligations as a recipient of confidential information with your right to protect confidential information disclosed by you under the agreement.


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  CONFIDENTIALITY



Scott Draughon discusses how to utilize confidentiality agreements to safeguard your key assets.

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