Should the receiver be protected in confidentiality
agreements?
Majority of
the confidentiality agreements made these days are simple. They are problematic
for the receiver in that way because they do not protect him or her. There
should be adequate clauses in the confidentiality agreements that should
protect the receiver in cases where no wrong is done by him or her. The
receiver is legally bound to protect the information and data which he/she
receives from the party in the contract. If any information or data is received
by receiver from the third party then the doctrine of privities of contract
doesn’t apply. For the same reasons the agreement should contain adequate
clauses for that.
There are
always chances of a receiver that he/she might get information or data from
other sources then the parties in the agreement. In such cases the receiver is
not legally bound to keep such information so obtained as a secret. Even the
moral obligation is not there in many instances and circumstances come in which
such receiver has to disclose such information to third parties. In such cases
the receiver should be protected according to the terms of the agreement so
that no problem is faced if no wrong is done by such receiver.
