It`s a good idea to say this as accurately as possible. The definition of confidential information should describe not only the categories of confidential information, but also the formats in which the information may appear – including, for example, emails, oral interviews, handwritten notes and letters? An agreement should also specify which information is excluded from confidential treatment, for example. B information already known to the receiving Party or which is already publicly available. A well-developed treaty, specific to what confidential information is and is not, will help to avoid subsequent disputes over interpretation. A confidentiality agreement can be available in two basic formats: a mutual agreement or a unilateral agreement. A unilateral agreement provides that only one party shares confidential information with the other party. A mutual confidentiality agreement applies on the date on which each party may disclose confidential information. The nature of the relationship between the parties determines the nature of the confidentiality agreement. For example, a mutual agreement is used when there is a cooperative relationship between the parties. And where the parties have an overview of the other`s cases. For example, if the parties share a simple customer-supplier relationship, a unilateral confidentiality agreement is more appropriate. In relations between employers and employees, a unilateral confidentiality agreement is usually used. Note, however, that the General Data Protection Regulation (GDPR) 2018 requires an employer to protect an employee`s confidential personal data.
Model for setting up a unilateral NDA for confidential information.