What things should be included in the confidentiality
agreements?
There are
many things that are generally included in the confidentiality agreements. Some
of these things include:
·
The date on which the agreement is signed between the
parties.
·
The particulars of parties in the agreement. There can
be two or more than two parties.
·
Definition clauses. There can be definition of things
that are confidential and things that are non-confidential in the nature.
Things that can possibly fall under the definition of confidential are also
mentioned at times.
·
Nature of business, information regarding vendors,
suppliers and customers can be mentioned in the confidentiality agreement.
·
Time period for keeping the information secret is
mentioned in the agreement. The time period can be more then the time period of
a particular venture or project. For example there can be a limit imposed of
two years after the project ends to keep the information or data secret.
·
Things that fall under the category of permissible
disclosure are sometimes mentioned in the agreement. The clauses of permissible
disclosure are there to protect the interests of receiver at times. The
information and data which is public or the one that is received from other
sources usually fall under the category of permissible disclosure.
·
The obligations that are created once the agreement is
signed are mentioned in detail in most of the professional secrecy agreements.
These obligations include details about circumstances in which the disclosed
information can be used and in which the same can be restricted of use.
·
The measures that should be taken ordinarily to
protect the information and data should be mentioned. The measures taken to
protect the information whenever it’s subjected to further disclosure are also
mentioned at times.
·
Remedy available to either of the parties in case one
or more than one party violates the terms of agreement is mentioned
specifically. It can be in shape of damages, compensation and in shape of
actions to be taken to make things right in the best possible manner.
·
The forums to address in cases of disputes are
mentioned in the agreement. Similarly whenever the court demands any
information then its method of disclosure is part of professional agreements in
this respect.
There are
many different practices regarding the confidentiality agreements in different
parts of the world. There are various formats used in the making of such
agreements in different areas. Laws are very much different between states when
it comes to USA and Canada. So the confidentiality agreements are different
between states to states and between countries to countries.
