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Who can I share it with? - OneNDA Provision: Difference between revisions
Who can I share it with? - OneNDA Provision (view source)
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{{confianat|2}}The “permitted disclosures” provision. | {{confianat|2}}The “permitted disclosures” provision. | ||
==OneNDA commentary== | ==OneNDA commentary== | ||
===“Legally required”=== | |||
Some disquiet from institutional [[legal eagle]]s that “legally required” is a little narrow: | |||
{{quote|{{OneNDA 2(c)}}}} | {{quote|{{OneNDA 2(c)}}}} | ||
There are many occasions where regulators ask — firmly — but don’t ''require'' disclosure of information as such: for example, for a review in the context of a competition review of a proposed merger of exchanges. | There are many occasions where regulators ask — firmly — but don’t ''require'' disclosure of information as such: for example, for a review in the context of a competition review of a proposed merger of exchanges. | ||
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“'''Promptly notify'''”: The [[JC]]’s general preference is to tone down the need to notify, or god forbid, seek permission when making a regulatory disclosure (see below for obligatory essay) but there is a balance, and we think OneNDA strikes this balance fairly well. Also, if you ''notify'' the disclosure, then the question about whether you were strictly speaking entitled disclose becomes a bit moot. | “'''Promptly notify'''”: The [[JC]]’s general preference is to tone down the need to notify, or god forbid, seek permission when making a regulatory disclosure (see below for obligatory essay) but there is a balance, and we think OneNDA strikes this balance fairly well. Also, if you ''notify'' the disclosure, then the question about whether you were strictly speaking entitled disclose becomes a bit moot. | ||
=== | ===Disclosure only “for the purpose”=== | ||
A [[doyen of drafting]] writes: | A [[doyen of drafting]] writes: | ||
{{quote|So you’re allowed to disclose only if you’re somehow able to see into the future and know that the further recipient will only use it for the permitted purpose? That makes no sense.}} | {{quote|So you’re allowed to disclose only if you’re somehow able to see into the future and know that the further recipient will only use it for the permitted purpose? That makes no sense.}} | ||