A disclosing party should consider several matters before entering into any binding obligation to disclose confidential information, including:
- 61.1
ÌýÌýÌýÌýIdentifying confidential information: Has the disclosing party identified the confidential information it has in its possession? This will involve asking:
- 61.1.1
ÌýÌýÌýÌýHas the disclosing party documented the confidential information?
- 61.1.2
ÌýÌýÌýÌýDoes the disclosing party carry out (regular) audits to identify, catalogue and determine the security of its confidential information?
- 61.1.3
ÌýÌýÌýÌýDoes the disclosing party separate information that is genuinely confidential from the rest of its information?
- 61.1.4
ÌýÌýÌýÌýDoes the disclosing party train its staff (and those who work with the disclosing party) to handle and protect the confidential information?
Carrying out audits will be useful to demonstrate, in the event of a breach, that the disclosing party has taken proper steps to identify and distinguish