Talk:What is Confidential Information? - OneNDA Provision

Oral information

Including oral information in a confidentiality obligation introduces a great deal of uncertainty. It risks undermining important limits on the scope of what is included as confidential information. By nature information transmitted orally is informal and ambiguous. Typically, it is not recorded. There is inevitable ambiguity as to what oral information has been transmitted, whether it was transmitted, whether it was in fact received, and when.

This question of timing may also interfere with the (purported) receiver’s ability to claim prior possession of the information (rendering the information out of scope of the confidentiality agreement). It is easy to claim one has delivered information orally, and hard to disprove. where a client requires confidentiality of a service-provider to whom it gives information, inclusion of oral information puts a service provider at a significant and unnecessary disadvantage.

From a provider’s perspective it is easy to ensure information transmitted orally is falls under a confidentiality obligation: that is, to confirm that information in writing. That provides clarity as to the content of the information and its date of (written) communication. Ultimately, if information is important enough to be treated as confidential, it is valuable enough for you to be communicated in writing.