Template:Confi term: Difference between revisions

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Now perhaps the [[JC]] is that long-prophesied seal of the forthcoming [[apocalypse]] (actually that might explain a few things, come to think of it) but, personally, he has never been able to understand what this “term” [[covenant]] could possibly achieve? Why, after a couple of years, should I suddenly be entitled to blare all your darkest secrets out from the minarets around town, without so much as a by-your-leave?
Now perhaps the [[JC]] is that long-prophesied seal of the forthcoming [[apocalypse]] (actually that might explain a few things, come to think of it) but, personally, he has never been able to understand what this “term” [[covenant]] could possibly achieve? Why, after a couple of years, should I suddenly be entitled to blare all your darkest secrets out from the minarets around town, without so much as a by-your-leave?


While the commercial value of much information ''does'' go stale over time (blueprints for a BetaMax, anyone?), this isn’t universally true — a client list is valuable however long you hold it — and the usual justification for the hard stop (“we just don't have the systems to indefinitely hold information subject to confidence and don't want indeterminate liability for breach”) is a canard — a palpably false one at that, for a regulated financial institution. Whatever information security systems you do have don’t suddenly stop working after three years. And as for [[indeterminate liability]] — well, [[no harm no foul]]: if the information really is stale then no loss follows from a breach, right? No loss, no damages.
While the commercial value of much information ''does'' go stale over time (blueprints for a BetaMax, anyone?), this isn’t universally true — a client list is valuable however long you hold it — and the usual justification for the hard stop (“we just don’t have the systems to indefinitely hold information subject to confidence and don’t want indeterminate liability for breach”) is a canard — a palpably false one at that, for a regulated financial institution. Whatever information security systems you do have don’t suddenly stop working after three years. And as for [[indeterminate liability]] — well, [[no harm no foul]]: if the information really is stale then no loss follows from a breach, right? No loss, no damages.


In any case, it seems to the [[JC]] that a term creates more questions than it answers. When does it run from? The date of the [[NDA]] itself, or the date of disclosure of the information in question? If the former, and the point is to exclude ''stale'' information, why is the NDA date a relevant point? If the latter, who is monitoring what is disclosed when? What is meant to happen when the term expires? Why are we even having this conversation?
In any case, it seems to the [[JC]] that a term creates more questions than it answers. When does it run from? The date of the [[NDA]] itself, or the date of disclosure of the information in question? If the former, and the point is to exclude ''stale'' information, why is the NDA date a relevant point? If the latter, who is monitoring what is disclosed when? What is meant to happen when the term expires? Why are we even having this conversation?