CONFIDENTIALITY AGREEMENT

General

This provides template clauses that organisations may refer to in relation to their contractual arrangements for data partnership. The template clauses should be adapted to suit organisations’ particular circumstances and needs and incorporated into a complete and effective contract. Use of these clauses does not mean that organisations will be in compliance with any laws or regulations. Organisations should seek professional legal advice on their legal position or obligations or to put in place contractual arrangements, including where using these template clauses.

Confidentiality Agreement

Confidentiality agreements create obligations to preserve the confidentiality and limit the use of confidential information disclosed between parties.

This template can be used where confidential information will be disclosed by both contracting parties for a particular purpose. Where only one party will disclose confidential information, this template can be amended so that confidentiality obligations are only imposed on the receiving party.

A confidentiality agreement cannot provide an absolute guarantee that information will be protected and it should therefore be accompanied by appropriate practical measures. For example, even where a confidentiality agreement is in place, the sharing of confidential information should be on a need-to-know basis and the distribution to individuals should be restricted.

Data Sharing Agreement

If the parties put in place a stand-alone confidentiality agreement and subsequently or concurrently enter into a data sharing agreement, the data sharing agreement should be amended to reflect the extent to which the confidentiality agreement applies to the subject matter of the data sharing agreement.

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