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Template:Confidential information: Difference between revisions
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, 29 August 2023→What is in scope?
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===What is ''in'' scope?=== | ===What is ''in'' scope?=== | ||
Parties give each other all kinds of information. Not all of it is sensitive. Seeing as | Parties give each other all kinds of information. Not all of it is sensitive. Seeing as an NDA imposes onerous obligations, you should carefully define the “{{confiprov|confidential information}}” that’s in scope. Consider the following: | ||
*'''[[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. | ||
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*Information the receiver develops independently of the disclosure and without reference to information disclosed | *Information the receiver develops independently of the disclosure and without reference to information disclosed | ||
=== | ===Other tricks for young players=== | ||
{{confidentiality and regulatory disclosure}} | {{confidentiality and regulatory disclosure}} | ||
====[[Proprietary information]]==== | ====[[Proprietary information]]==== | ||
If your definition starts with “information belonging to the discloser” or “[[proprietary information]]” then you have excluded most of the data you are seeking to protect. “Belonging to” implies “possession”, implies “property” implies “[[intellectual property]]”. Intellectual property subsists in creative works — [[copyright]], [[patent]] and [[trademark]]s — but not in facts or raw data. To be yours, you have to have created it. Your trading data, your client lists, your employees — this is not information ''belonging to you''. It is information ''relating to'' you which ([[QED]]) the receiving party wants but does not have, which is why it is worthy of protection by {{tag|contract}} even though no [[intellectual property]] rights attach to it. | If your definition starts with “information belonging to the discloser” or “[[proprietary information]]” then you have excluded most of the data you are seeking to protect. “Belonging to” implies “possession”, implies “property” implies “[[intellectual property]]”. Intellectual property subsists in creative works — [[copyright]], [[patent]] and [[trademark]]s — but not in facts or raw data. To be yours, you have to have created it. Your trading data, your client lists, your employees — this is not information ''belonging to you''. It is information ''relating to'' you which ([[QED]]) the receiving party wants but does not have, which is why it is worthy of protection by {{tag|contract}} even though no [[intellectual property]] rights attach to it. | ||