Template:Confidential information: Difference between revisions

Template:Confidential information (view source)

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 **Information the receiver receives separately from someone else other than in breach of a confidentiality undertaking
 **Information the receiver develops independently of the disclosure and without reference to information disclosed
-*'''{{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.
+==={{t|Trick for young players}}===
+*'''Information stays “confidential” even if you have to disclose it to regulators''': Don’t make the {{tag|schoolboy error}} of including in this exclusion from the definition of {{confiprov|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.
+*'''Information belonging to...''': If your definition starts with “information belonging to the discloser” 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 does not have, and it is worthy of protection by contract even though no intellectual property rights attach to it.