Enforcing the terms of a confidentiality agreement

Legally enforceable obligations to maintain confidence may arise in contract or in equity.  Relief is available against a party who discloses confidential information without authorisation, and in some cases against third party recipients of such information.  In order to enforce a breach of confidence in contract or in equity, the presence of a number of elements must be established. [Read more…]

What is a “Confidentiality Agreement”?

A confidentiality agreement (Confidentiality Agreement) is a commercial contract also referred to as a non-disclosure agreement (NDA) where one (1) or more parties provide confidential information to the other, with the expectation that both parties will keep the information provided secret and use it only for an agreed purpose (Permitted Purpose).  Confidentiality Agreements can contain mandatory or elective obligations to disclose, or one (1) way or mutual obligations of confidence, in addition to a range of other obligations relating to the disclosure and use of confidential information which the parties agree to comply with. [Read more…]

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