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Confidentiality agreement: Difference between revisions
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{{a|confi| | {{a|confi| | ||
[[File:Secret.jpg|450px|thumb|center|Do you promise not to tell, and if you do, do you acknowledge damages may not be an adequate remedy?]] | [[File:Secret.jpg|450px|thumb|center|Do you promise not to tell, and if you do, do you acknowledge damages may not be an adequate remedy?]] | ||
}}{{d|confidentiality agreement|/ˌkɒnfɪdɛnʃɪˈæləti/ /əˈgriːmənt/|n|}} (Also known, to those for whom the glass is half-empty, as a “[[non-disclosure agreement]]”, or an “[[NDA]]”. Or a “[[confi]]”.) <br> | }}{{d|confidentiality agreement|/ˌkɒnfɪdɛnʃɪˈæləti/ /əˈgriːmənt/|n|}} | ||
(Also known, to those for whom the glass is half-empty, as a “[[non-disclosure agreement]]”, or an “[[NDA]]”. Or a “[[confi]]”.) <br> | |||
1. (''Forensic evolution'') The ostentatious courtship display of a fecund [[legal eagle]]. Identified as a kind of Darwinian [[textual selection]] because the length and gravity of the terms of a [[non-disclosure agreement]] varies in exact inverse proportion to its subject matter. The more fatuous the “confidential information”, the more stentorian in term and baroque in expression the NDA tends to be. Thus, a [[legal department]] whose plumage boasts an enormous multicolored [[NDA]] is broadcasting to the rest of the market, “look how fertile I am! I can insist on this transparently idiotic legal contract and people still sign it! It is absurd along every conceivable dimension, yet, here I still am, my business in rude health!” <br> | 1. (''Forensic evolution'') The ostentatious courtship display of a fecund [[legal eagle]]. Identified as a kind of Darwinian [[textual selection]] because the length and gravity of the terms of a [[non-disclosure agreement]] varies in exact inverse proportion to its subject matter. The more fatuous the “confidential information”, the more stentorian in term and baroque in expression the NDA tends to be. Thus, a [[legal department]] whose plumage boasts an enormous multicolored [[NDA]] is broadcasting to the rest of the market, “look how fertile I am! I can insist on this transparently idiotic legal contract and people still sign it! It is absurd along every conceivable dimension, yet, here I still am, my business in rude health!” <br> | ||
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{{confi basic structure}} | {{confi basic structure}} | ||
==What’s in a [[confi]]?== | ==What’s in a [[confi]]?== | ||
Confis can be “one way”, where one party discloses and the other receives, or “two way”, where both parties disclose sensitive information. A [[broker]]’s template will tend to be far more generous when it is receiving only, than when it is giving information up. I know this may come as a shock to some of you. | Confis can be “one way”, where one party discloses and the other receives, or “two way”, where both parties disclose sensitive information. A [[broker]]’s template will tend to be far more generous when it is receiving only, than when it is giving information up. I know this may come as a shock to some of you. | ||
Nowadays there is a market standard commercial non-disclosure called the [[OneNDA]]. It solves a lot of problems, does away with much of the small-minded drizzling that tends to go with NDA negotiation, and really removes much of the need for this page. The JC was fairly heavily involved with its production so I’m kind of biased, but it’s pretty neat. | |||
====Length==== | ====Length==== | ||
Firstly, let’s be blunt about this: there is a special place in hell for [[legal eagle|any advisor]] who serves up a confidentiality agreement more than 3 pages long. Even three pages is purgatorially tedious. GET TO THE POINT. It’s a goddamn [[confi]], not the sale of your soul. Oh hang on. | Firstly, let’s be blunt about this: there is a special place in hell for [[legal eagle|any advisor]] who serves up a confidentiality agreement more than 3 pages long. Even three pages is purgatorially tedious. GET TO THE POINT. It’s a goddamn [[confi]], not the sale of your soul. Oh hang on. | ||