Template:Confi basic structure
Basic structure of a confidentiality agreement
1. Who is who: who is disclosing and who is receiving, or is it mutual?
2. The Confidential information: what is it?
- (a) What generally counts as confidential information?
- (b) What is excluded from that general definition?
3. Purpose: What is the purpose of disclosing the confidential information?
4. Recipients: who is allowed access to the confidential information?
- (a) Which of the recipient’s personnel can access the confidential information?
- (a) Are there any external personnel with whom the recipient can share confidential information?
5. The confidentiality undertaking itself
- (a) To keep the confidential information confidential; ,maintain appropriate information barriers etc.
- (b) To use it only for the permitted purpose
- (c) Return or destroy confidential information at the end of the project
6. Under what circumstances can the recipient disclose confidential information, and to whom, beyond the purpose?
- (a) Regulator’s requests
- (b) During dispute resolution processes
7. Term of the confidentiality obligation
8. General
- (a) What representations does the discloser make?
- (b) What acknowledgments does the recipient make?
- (c) Governing law