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| ''Why'' are the parties sharing the information in the first place? Typically, you’ll want to restrict use of the information to matters relevant to the project. Expect to see a definition of “purpose”, or something similar. | | ''Why'' are the parties sharing the information in the first place? Typically, you’ll want to restrict use of the information to matters relevant to the project. Expect to see a definition of “purpose”, or something similar. |
| {{rightbox|30|{{Rocknrollconfi}}}} | | {{rightbox|30|{{Rocknrollconfi}}}} |
| ===='''What information is in scope?'''====
| | {{confidential information}} |
| Parties give each other all kinds of information. Not all of it is sensitive. Seeing as a confi imposes onerous obligations, you should carefully define the “[[confidential information]]” that’s in scope.
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| *'''[[Personal information]]''': If the information is personal information about individuals, there may be additional provisions concerning storage, processing and rights to access and correct that information. Especially once the [[ General Data Protection Regulation]] ([[GDPR]]) comes into force. Hoo boy.
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| *'''What information that otherwise would be in scope, is out of scope?''': Even within the definition of confidential information, you’ll need to make exceptions:
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| **Information the receiver already held at the time of disclosure
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| **Information the receiver receives separately from someone else other than in breach of a confidentiality undertaking
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| **Information the receiver develops independently of the disclosure and without reference to information disclosed
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| *'''{{t|Trick for young players}}''': Don't make the {{tag|schoolboy error}} of including in this exclusion from the definition of confidential information “information required to be disclosed to regulators or government authorities”. This is a legitimate exception to the prohibition on disclosing information — see below — but it shouldn’t disqualify the information from being Confidential Information altogether. If it did, once you were required to give any information to the regulator, it would suddenly be open season and you could tell everyone about it.
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| {{confi obligation}} | | {{confi obligation}} |
| ====Obligation to notify provider of regulator requests==== | | ====Obligation to notify provider of regulator requests==== |