Template:Confi basic structure: Difference between revisions

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===Basic structure of a [[non-disclosure agreement]]===
===Basic structure of a [[non-disclosure agreement]]===
'''Who is who?''' <br>
'''Who is who?''' <br>
Who is disclosing, who is receiving, or is it mutual? <br>
*Who is disclosing, who is receiving, or is it mutual? <br>
'''What is the {{confiprov|Confidential information}}?'''<br>  
'''What is the {{confiprov|Confidential information}}?'''<br>  
What  counts as {{confiprov|confidential information}}, and what doesn’t? (Usually things which (a) are in the public domain; or (b) the {{confiprov|receiver}} already knew; or (c) the {{confiprov|receiver}} obtained elsewhere, or (d) the {{confiprov|receiver}} develops independently).
*What  counts as {{confiprov|confidential information}}, and what doesn’t? (Usually things which (a) are in the public domain; or (b) the {{confiprov|receiver}} already knew; or (c) the {{confiprov|receiver}} obtained elsewhere, or (d) the {{confiprov|receiver}} develops independently).
'''{{confiprov|Purpose}}'''<br>  
'''{{confiprov|Purpose}}'''<br>  
''Why'' are you disclosing the {{confiprov|confidential information}}? What is the [[project]]?<br>
*''Why'' are you disclosing the {{confiprov|confidential information}}? What is the [[project]]?<br>
'''Who can the receiver share {{confiprov|confidential information}} with?''' <br>  
'''Who can the receiver share {{confiprov|confidential information}} with?''' <br>  
Which of the {{confiprov|receiver}}’s personnel? Are any external personnel allowed to have it, and on what terms?
*Which of the {{confiprov|receiver}}’s personnel? Are any external personnel allowed to have it, and on what terms? <be>
'''The {{confiprov|confidentiality undertaking}} itself''' <br>  
'''The {{confiprov|confidentiality obligation}} itself''' <br>  
Usually to keep the {{confiprov|confidential information}} (and the [[project]] itself) confidential,  maintain information barriers etc, to use it only for the permitted {{confiprov|purpose}} and to return (or destroy) it at the end of the [[project]].
*Usually to keep the {{confiprov|confidential information}} (and the [[project]] itself) confidential,  maintain information barriers etc, to use it only for the permitted {{confiprov|purpose}} and to return (or destroy) it at the end of the [[project]].
'''When can the {{confiprov|receiver}} disclose {{confiprov|confidential information}}, and to whom, ''beyond the {{confiprov|project}}'''''? <br>  
'''When can the {{confiprov|receiver}} disclose {{confiprov|confidential information}}, and to whom, ''beyond the {{confiprov|project}}'''''? <br>  
Usually on a regulator’s request, during dispute resolution, and there may be some conditions  
*Usually on a regulator’s request, during dispute resolution, and there may be some conditions  
'''How long does the confidentiality obligation last?'''<br>
'''How long does the confidentiality obligation last?'''<br>
'''Other'''<br>  
'''Other'''<br>  
Representations and warranties? Governing law? And for God’s sake WHATEVER YOU DO DON’T FORGET THE [[Counterparts|COUNTERPARTS]] CLAUSE.
*Representations and warranties? Governing law? And for God’s sake WHATEVER YOU DO DON’T FORGET THE [[Counterparts|COUNTERPARTS]] CLAUSE.

Revision as of 19:11, 10 March 2021

Basic structure of a non-disclosure agreement

Who is who?

  • Who is disclosing, who is receiving, or is it mutual?

What is the Confidential information?

Purpose

Who can the receiver share confidential information with?

  • Which of the receiver’s personnel? Are any external personnel allowed to have it, and on what terms? <be>

The confidentiality obligation itself

When can the receiver disclose confidential information, and to whom, beyond the project?

  • Usually on a regulator’s request, during dispute resolution, and there may be some conditions

How long does the confidentiality obligation last?
Other

  • Representations and warranties? Governing law? And for God’s sake WHATEVER YOU DO DON’T FORGET THE COUNTERPARTS CLAUSE.