³ÉÈËÓ°Òô

Commentary

61 Issues from the disclosing party’s point of view

CONFIDENTIALITY vol 12(3)

61 Issues from the disclosing party’s point of view

| Commentary

A disclosing party should consider several matters before entering into any binding obligation to disclose confidential information, including:

  1. 61.1

    ÌýÌýÌýÌýIdentifying confidential information: Has the disclosing party identified the confidential information it has in its possession? This will involve asking:

    1. 61.1.1

      ÌýÌýÌýÌýHas the disclosing party documented the confidential information?

    2. 61.1.2

      ÌýÌýÌýÌýDoes the disclosing party carry out (regular) audits to identify, catalogue and determine the security of its confidential information?

    3. 61.1.3

      ÌýÌýÌýÌýDoes the disclosing party separate information that is genuinely confidential from the rest of its information?

    4. 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

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to ³ÉÈËÓ°Òô or register for a free trial