This summary reflects the questions asked in the interview for our long confidentiality agreement. If these other companies or individuals can use this information to their advantage and to the detriment of the discloser, consider whether they should also be directly involved in the agreement or, at the very least, sign a commitment (as described below). Otherwise, the applicant for disclosure must impose an obligation of confidentiality on the recipient (if possible). Many confidentiality agreements used in practice are much simpler than this summary suggests. In many cases, you only need to fill in the details of the part, indicate who is a discloser and who is a recipient, and outline the ”authorized purpose” of the disclosure. But in these agreements too, someone has (or would have) taken into consideration the following issues and decided how to deal with them. Think about who will receive the confidential information and what they might do with it. It is a good thing to have an agreement with a beneficiary of the company in which he undertakes to keep the information confidential and not to use it to the detriment of the discloser. But the company is made up of individual employees and often has other companies (and individual employees) in its group or advises it.
If you wish to require any other representative to commit, you have the option to define the form of this obligation now or leave it for a later agreement. It depends, to some extent, on the controversy you think this discussion might have. Some representatives, such as banks, have their own guidelines as to what they do or will not do and will sign. A very early reflection should be on who the parties to the agreement are. There could be only two, or there could be a number of parties. For example, the beneficiary may effectively be a consortium composed of a number of bidders for a project. It is a confidentiality agreement intended to protect confidential information, trade secrets and expertise (know-how) against abuse by those to whom this information is or has been transmitted. It may be appropriate to use this confidentiality agreement when the person (either a company or an individual) offers to disclose it to a person (to the recipient). Please note that this Confidentiality Agreement does not imply compensation to the recipient for any loss and/or damage suffered by the depositor in the event of a breach of the Agreement. Most confidentiality agreements contain a general definition of ”confidential information,” which is then added or inferred in some way. However, a recipient may argue that the date of the confidentiality agreement is not the right focus – the question is whether they received the information before it was transmitted by the disk drive to the recipient.
This means that if the company violates the agreement, when it could be sued, it would probably not be worth doing so, as it would not have assets against which it could recover. If a party to the agreement does not have sufficient assets to remedy a breach, you should seek a guarantee from a parent company or other entity with sufficient assets or request that the parent company or any other entity directly take over the confidentiality agreement itself. For security reasons, some beneficiaries will require that their obligations have an expiry date, so that they are not required to continue to comply with confidentiality obligations for an unlimited period of time if the information is likely to no longer be substantial after a given period of time. . . .