Confi Anatomy

NDA Anatomy™ JC’s guide to non-standard confidentiality agreements. For the OneNDA, see the OneNDA Anatomy →Go uptown Resources: Confidentiality agreement | Confi — Led Zeppelin style | GDPR | Copyright vs. confidence | OneNDA | Common terms | Certification | Confidential information | Confidentiality obligation | Derived information | Disclosed information | Discloser | Exclusivity | Indemnity | No licence | Non-solicitation | Permitted disclosees | Permitted disclosures | Procure compliance | Purpose | Receiver | Remedies | Reps and warranties | Return of information | Term of confidentiality | Index: Click ᐅ to expand: Confidentiality OneNDA Tell me more Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.

General things to think about

• The definition of “confidential information”
  
• Sub-definitions: “Derived information” and “disclosed information”
  
• The confidentiality obligation itself
  
• To whom you can disclose confidential information: permitted disclosures to permitted disclosees
  
• The purpose for which the confidential information is needed.
  
• On the difference between confidential information and intellectual property
• Things a confi shouldn’t have: exclusivity, an indemnity and non-solicitation
  
• Then things go wrong: remedies for breach of confidence
  
• The inevitable reps and warranties — though in this more like what you are not saying
  
• When it’s all over: The return of information
  
• The term of a confidentiality obligation