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A Confidentiality Disclosure Agreement (CDA) refers to a legal agreement that prohibits employees from disclosing certain information about a company. However, CDAs have limitations. Learn what they are in our latest blog post. https://lnkd.in/eXfDcEuZ

In the world of confidentiality agreements, the operative clause often takes center stage, outlining the crucial prohibition on disclosing sensitive information to third parties. However, amidst the legal jargon, there's a pivotal point that often goes unnoticed but holds immense significance. Imagine this: You've just signed a Non-Disclosure Agreement (NDA) with a potential business partner, feeling confident in the protection it provides for your sensitive data. But what happens when legal obligations clash with real-world scenarios? Operative Clause: The crux of an NDA is the prohibition on disclosing sensitive information to third parties, ensuring the receiving party safeguards the shared data. Crucial Point: Beyond the standard confidentiality clauses lies a vital aspect often overlooked: exceptions. These carve out necessary flexibility in safeguarding interests while navigating complex legal landscapes. Key Exceptions: Compliance with court orders or applicable laws. Disclosure to professional advisors or consultants. Importance: Understanding and delineating specific scenarios where disclosure becomes imperative fortifies the integrity of the NDA, ensuring protection without stifling essential avenues of communication and compliance. Let's ensure our NDAs are not just legal documents but robust shields crafted with foresight and adaptability. #ConfidentialityMatters #LegalInsights #BusinessProtection

In litigation or arbitration, evidence is often viewed as “data”. In light of Mainland China’s legal framework for cross-border data security, Tom Fu, Raymond Yang FCIArb, FHKIArb and Evan Z. look into commercial dispute resolution scenarios and discuss compliance obligations, practice developments and compliance insights regarding the transfer of evidence from Mainland China. Learn more: https://lnkd.in/gTF9p4AY #DisputesResolution #Data #China

DEADLINE APPROACHES FOR INTERNATIONAL DATA TRANSFERS!!! UK companies have until the 21st March 2024 to update their existing data transfer arrangements to use either the IDTA or Addendum to the new EU SCCs , two new types of standard contractual clauses the Information Commissioner’s Office (ICO) introduced in 2022 replacing the old European Commission’s Standard Contractual Clauses (old EU SCCs) used by UK data exporters to transfer personal data outside the UK. Failing to update existing arrangements by the end of the grace period, and continuing to transfer personal data to third countries using the old EU SCCs will result in a breach of the UK GDPR and fines of up to £17.5 million or 4% of the total annual worldwide turnover (whichever is higher in the preceding financial year) on businesses for non-compliance. It is important that businesses identify whether they have existing arrangements in place incorporating the old EU SCCs, and to update those arrangements accordingly. #GerrishLegal #GL #GLinsights specialise in data protection and so feel free to contact us on the subject. https://lnkd.in/dDw8wnaw

How to Review a Non-Disclosure Agreement. A NDA is a legally binding document that restricts the disclosure of confidential information between two or more parties. Today businesses rely heavily on intellectual property & confidential information, so NDAs are an essential part of protecting sensitive information. Read more in James O'Connell's blog: https://zurl.co/8the #NDA #BusinessLaw #IP #TogetherStronger #TeamMWB

Nondisclosure agreements are a ubiquitous (and I would argue overused) part of our business ecosystem. I don't mean the sometimes-sinister NDAs that prevent a person who has suffered harm from talking publicly about that harm. I mean the plain old B2B agreements that say "I'll tell you something secret, and you'll tell me something secret, and we won't tell anyone else." And although I can dream that one day the world will unite on a universal standard like oneNDA, I have a sneaking feeling that reviewing them will be a part of any legal team's job for a while to come. Most times, like in a vendor-customer relationship, it makes sense for an NDA to be mutual, so that it protects both parties' confidential information. Sometimes, though, I'll see that a counterparty has disguised a one-way NDA as a mutual one. Often this happens in the preamble, for example: "This agreement is entered into between ABC Corp., a Delaware corporation ('ABC' or 'Disclosing Party') and XYZ, Inc., a California corporation ('XYZ' or 'Receiving Party'), and is effective January 1, 2024." The inattentive reader, seeing the reciprocal-looking terms "Disclosing Party" and "Receiving Party," can be lulled into thinking that the agreement is going to protect both parties' confidential information. For this reason, I always make sure to review the definitions of Disclosing Party and Receiving Party so that I can tell my client what it is signing up for. If you're a contracts professional, what are your tricks to spotting sneaky drafting that could defeat the intended purpose of an agreement? #cxlawyer #nda #contracts

Non-disclosure agreements (NDAs) are legal contracts that establish a confidential relationship between two or more parties. They are commonly used to protect sensitive information, trade secrets, and other proprietary business information from being shared with third parties. At its core, an NDA is fundamentally about trust. By signing an NDA, parties are agreeing to keep confidential information confidential. This requires a level of trust between all parties involved. Without trust, an NDA would not be effective in protecting sensitive information. To maintain trust in a business relationship, it is essential to comply with the terms of the NDA. This means keeping confidential information secure, only sharing it with authorised individuals, and not using it for personal gain. Violating an NDA can lead to legal consequences and damage the trust between parties. By understanding the importance of trust in NDAs and maintaining compliance with their terms, businesses can ensure the confidentiality of their valuable assets. Read our latest blog by Jordan Denning https://lnkd.in/eksiAHxW #Trust #NDAs #Confidentiality #BusinessRelationships

The Competition Commission of India (CCI) notified amendments to the CCI (General) Regulations, 2009 regarding the treatment of confidential information during CCI proceedings. The amendments require those requesting confidentiality to self-certify the information's secrecy and request a confidentiality ring through an affidavit. This is seen as a positive step in streamlining the process and providing parties with a specific timeframe to defend themselves effectively. Some concerns have been raised regarding the need for self-certifying confidentiality claims through affidavits, but overall, the amendments aim to strengthen the confidentiality regime of the CCI. #AsiaRisk #Regulation #India Follow us for daily updates on risk and operations in Asia! https://lnkd.in/gAnFa8gD

Limited Partnerships - changes coming soon Information about limited partnerships (LPs) will become more accessible and transparent under measures introduced by the Economic Crime and Corporate Transparency Act.  When the measures come into force, LPs will be required to: provide the names, dates of birth and usual residential addresses of partners  verify the identity of general partners  provide a registered office in the UK  provide a Standard Industrial Classification (SIC) code  file an annual confirmation statement   LPs must submit their details through an authorised agent (also known as an authorised corporate service provider) who's registered with Companies House. This is to ensure that the data is trustworthy and fit for purpose.  There will be new powers to: close and reinstate limited partnerships  impose sanctions  protect partners' information   operate a statutory compliance process  These measures will require secondary legislation before they're implemented.  

Understanding the exceptions of Non-Disclosure Agreements (NDAs) An NDA meticulously defines "Confidential Information" to encompass trade secrets, operational details, client specifics, financial records, and intellectual property rights. It sets forth stringent measures to ensure this information remains protected. However, every rule has exceptions: a. Public Knowledge: Information already in the public domain. b. Third-Party Disclosure: Information received from a third party not bound by the NDA. c. Legal Obligation: Disclosure mandated by lawful authorities. d. Prior Knowledge: Information known to the recipient before signing the NDA. Therefore navigating these exceptions is paramount. Ensuring compliance while protecting sensitive data requires a keen understanding of both the contractual obligations and the applicable legal frameworks. #Legal #NDAs #Confidentiality #Compliance #technology