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Template:Confidential information: Difference between revisions
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, 29 August 2023→{{confiprov|Confidential information}}: what is out of scope?
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*'''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. | ||
=== | ===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: | |||
*Information the receiver already held at the time of disclosure | |||
*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}}=== | ==={{t|Trick 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. | ||