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Template:Confidential information: Difference between revisions
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, 29 August 2023→{{confiprov|Confidential information}}: what is in scope?
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=== | ===What is ''in'' scope?=== | ||
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 “{{confiprov|confidential information}}” that’s in scope. | 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 “{{confiprov|confidential information}}” that’s in scope. | ||
*'''[[Personal information]]''': Personal information about individuals is particularly tricky in this age of big data and fake news. There may be additional provisions concerning storage, processing and rights to access and correct that information. Especially now the [[EU]] [[General Data Protection Regulation]] ([[GDPR]]) is in force. Hoo boy. | *'''[[Personal information]]''': Personal information about individuals is particularly tricky in this age of big data and fake news. There may be additional provisions concerning storage, processing and rights to access and correct that information. Especially now the [[EU]] [[General Data Protection Regulation]] ([[GDPR]]) is in force. Hoo boy. | ||
*'''Client-identifying information''': some data is interesting and sensitive only to the extent it is identifiable with the client. Trading data, for example. That a vodafone trade was executed at close on the 1st of September at a price of 103 isn't especially sensitive. It isn't susceptible to [[copyright]].<ref>There's no copyright in a price, you see.</ref> Not until you can refer it to the client for whom the order was executed. Then it is sensitive. [[Market abuse]] and [[insider trading]] lie this way. Careful, soldier. | *'''Client-identifying information''': some data is interesting and sensitive only to the extent it is identifiable with the client. Trading data, for example. That a vodafone trade was executed at close on the 1st of September at a price of 103 isn't especially sensitive. It isn't susceptible to [[copyright]].<ref>There's no copyright in a price, you see.</ref> Not until you can refer it to the client for whom the order was executed. Then it is sensitive. [[Market abuse]] and [[insider trading]] lie this way. Careful, soldier. | ||
*'''Proprietary IP and technology''': Trading data tends to be valuable insofar as it relates to a given client. Other types of information (especially intellectual property: patents, copyrights, designs, trade secrets, secret sauce and so on) is valuable ''irrespective'' of the identity of the client. | *'''Proprietary IP and technology''': Trading data tends to be valuable insofar as it relates to a given client. Other types of information (especially intellectual property: patents, copyrights, designs, trade secrets, secret sauce and so on) is valuable ''irrespective'' of the identity of the client. | ||
==={{confiprov|Confidential information}}: what is ''out of'' scope?=== | ==={{confiprov|Confidential information}}: what is ''out of'' scope?=== | ||
*'''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: | *'''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: | ||