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Confidentiality Agreement Exclusions

On maj 31, 2023 by

As an employee or contractor, you may be asked to sign a confidentiality agreement to protect a company`s trade secrets, client lists, and other sensitive information. However, not all information is covered by confidentiality agreements. Certain types of information are excluded from the agreement, meaning you have the right to disclose them without breaching the contract. Here are the most common confidentiality agreement exclusions:

1. Public information

Information that is already publicly available is not subject to confidentiality agreements. This includes information that is already in the public domain, such as news articles, press releases, and information that is available on the internet.

2. Information obtained from a third party

If you obtain information from a third party who is not bound by the confidentiality agreement, then that information is not covered by the agreement.

3. Information required by law

If you are required by law to disclose information, then you are not in breach of the confidentiality agreement. For example, if you are subpoenaed to testify in a court of law, you may have to disclose information that is covered by the agreement.

4. Information that is independently developed

If you independently develop information that is covered by the confidentiality agreement, then you are not in breach of the contract. For example, if you develop a product that is similar to the one covered by the agreement, but you did not use any of the confidential information to develop it, then you are not in breach.

5. Information disclosed with consent

If you obtain consent to disclose information that is covered by the confidentiality agreement, then you are not in breach of the contract. However, you should obtain written consent to protect yourself from any potential legal disputes.

It is important to read your confidentiality agreement carefully and understand its exclusions. If you are unsure about any aspect of the agreement, it is advisable to seek legal advice before signing it. Remember, a confidentiality agreement is a legally binding contract and breaching it can have serious consequences.