Question

When we do not need to include the confidentiality clause in our agreement?

Answer 1

Every Non-Disclosure agreement and confidentiality clause have a certain exclusion. These are exclusions which will make it burdensome or unfair to keep the information confidential.

We do not need to include the confidentiality clause in our agreement in the following cases:

• The information shared is already public and known to the recipient.
• It is developed by the recipient without any support of the disclosing party.  
• The references or information from the disclosing party was not used.
• The confidential information was shared with the recipient by a third party who was not obliged to keep the information confidential.
• The information is already published and is publically known.