Purpose - OneNDA Provision: Difference between revisions

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Here we call to attention our old friend the [[commercial imperative]]. Commerce is a long game, friends. There are ''very'' few cases where the short term benefit of winning on this point, now, outweighs the longer reward of ongoing revenue, gladly imparted, by a happy customer. They usually come about where customer is in the process of spiralling into the side of a hill. Usually, this does not happen in connection with an NDA.
Here we call to attention our old friend the [[commercial imperative]]. Commerce is a long game, friends. There are ''very'' few cases where the short term benefit of winning on this point, now, outweighs the longer reward of ongoing revenue, gladly imparted, by a happy customer. They usually come about where customer is in the process of spiralling into the side of a hill. Usually, this does not happen in connection with an NDA.


No, friends: if you believe your customer might object to your proposed disclosure you have two options. This first — which you should not dismiss out of hand, even if someone in Sales now wants to — is to just ''not'' make the disclosure. In the long run, this is the better thing to do. The second — more likely where the proposed disclosure is to a regulator, or in the course of some legal process, where you are more or less compelled to disclose it — is to tell your client you have received a request, or command, to surrender the information, and that you propose to do so, on condition that the regulator treats it as confidential, and limiting and anonymising the information as best you can
No, friends: if you believe your customer might object to your proposed disclosure you have two options. This first — which you should not dismiss out of hand — is just ''not'' to make the disclosure, however keen [[Sales]] is to do so. In the long run, this is often the best thing, commercially and legally, to do. The second — more likely where the disclosure is under some sort of compulsion, or “strongly-worded request”, to a regulator — is to ''tell your customer'' you have received the request to surrender the information, you don’t see a way around complying with it, but that you propose to disclose no more than is necessary, anonymising the information as best you can, and on condition that the recipient treats it as confidential. This is likely to be a good thing for your relationship: it demonstrates you take your confidentiality obligations seriously; it conveys to your customer the sort of regulatory pressure you are under, and it is an opportunity to talk to your customer.


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[[The Ultimate Purpose]], being the reason any commercial undertaking exists.
[[The Ultimate Purpose]], being the reason any commercial undertaking exists.
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